THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON; And also the Gaol-Delivery for the County of MIDDLESEX; HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 29th, and Thursday the 30th, of APRIL, and Friday the 1st, Saturday the 2d, Monday the 4th, Tuesday the 5th, Wednesday the 6th, Thursday the 7th, and Friday the 8th of MAY, 1772.

In the Twelfth Year of His MAJESTY's Reign, Being the Fourth SESSION in the MAYORALTY of The Right Honourable William Nash , Esq. LORD-MAYOR of the CITY of LONDON.

King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.

BEFORE the Right Honourable WILLIAM NASH , Esquire, Lord Mayor of the City of London; the Honourable Sir RICHARD ADAMS , Knt. one of the Barons of his Majesty's Court of Exchequer *; the Honourable Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas +; JAMES EYRE , Esq. Recorder ++; THOMAS NUGENT , Esq. Common Serjeant ~; JOHN HYDE , Esquire ||; and others his Majesty's Justices &c.

N. B. The *, +, ++, ~, and ||, refer to the Judges before whom the Prisoners were tried.

316. (M.) THOMAS HOLMES was indicted for stealing one pair of leather shoes, value 4 s. and ten guineas in money numbered , the property of James Croker , February 26th . ++

James Croker . I am a journeyman plumber , and lodge at the Duke's-head in Warwick-street, Golden-square . The prisoner and another lodged in the same room with me, and had another bed. The prisoner went up stairs with a candle on the evening of the 28th of February, and came down stairs again with a pair of shoes in his pocket. I then went up stairs, and missed my shoes, and ten guineas out of my box, which I had seen there on the 25th. I left my box locked, and found it locked. I challenged him about the shoes. He said he took them, but not to wear them. I charged a constable with him the next morning, and then accused him with having taken my money. He said he would deliver up all the things he had bought with the money, if I would let him go free; and he further said that he found the money on the bed. He gave up a watch, two coats, and a hat; they were all in the house but one of the coats. I found where he bought the watch, in St. James's-street, the day he had taken my money. He had 4 s. 6 d. in money. He came into the lodging on the Monday night; and this was the Friday.

Edward Liddiard . I am a constable, and was sent for to take the prisoner into custody on the 29th in the morning. He was getting out of bed. I told him that I had charge of him for stealing a pair of shoes and ten guineas. He denied it at first. I told him he must go along with me. Then he said, if I would let him go, he would give up the things he had bought with the money. He gave up a watch, which he bought for five guineas, a chain for 2 s. a silver seal for 2 s. 6 d. two surtout coats, which he bought in Rag-fair for two guineas, and a hat at the same place for 9 s. One of the surtout coats he had lent to a brother soldier; and he directed us where to find the soldier . He said before the Justice that he found the money loose upon the bed. There was 2 s. 6 d. he gave up, which he said was part of the prosecutor's money, and that he had spent the rest.

Q. Now, as he wanted to make a condition with you when he offered to give up the goods he had bought with part of the money, if you would let him go, did you promise to let him go if he would?

Liddiard. No. I said, now you come to something to the purpose. I said no more.

Prisoner's Defence.

I brought the money out of the country, and bought these cloaths with it. I earned the money by my own industry. I had been a soldier about a fortnight or three weeks.

317. (1st M.) PHILIP CRATEY was indicted for committing a rape on the body of Elizabeth Hawkins , spinster, March the 27th . *

Elizabeth Hawkins . I live servant to Mr. Thomas, a fruiterer, in St. Ann's-court, King-street, Soho. I serve in the shop. On Friday night the 27th of March, at half an hour after nine o'clock, my master sent me with a message to Oxendon-street. The prisoner overtook me at the bottom of Dean-street.

Q. Did you know him before?

Hawkins. I have seen him in the street.

Q. Did you ever speak to him before?

Hawkins. Yes. I have when he has been upon his stand; he is a chairman ; but I never had any acquaintance with him. He asked me if I wanted a chair. I told him no; and that I was going about my master's business. He pulled me about, and hit me a slap in the face. This was at the bottom of Dean-street. I went along; and he followed me still; he came and gave me another slap in the face, and insisted upon my going with him, and pulled me about. Then I was got as far as Princes-street, when he pulled me from one side of the street to the other, and insisted upon my drinking with him. Then he took me in his arms, and carried me into a publick-house.

Q. Did he lift you from the ground?

Hawkins. Yes, and carried me to the Plow.

Q. How far was you from this Plow when he took you up?

Hawkins. The other side of the street; he carried me across the street to the house; he had a pint of beer, and drank it; I drank none of it. Then he wanted me to go backwards; the place lay backwards where the people drank; I would not go with him; he paid for the beer, and we both came out together. Then I said it was too late to go where I was sent, and desired he would let me go home. He insisted upon my going with him to another place, which I did not know. He led me about from street to

street till I did not know where I was; and he got me into a street by Covent-garden .

Q. Did you not know where you was?

Hawkins. Not till the next day. He told me I should not go home at all, that I should stay all night, and that he would get me a bed. He dragged me up an alley, when a woman came along with a pot of beer in her hand; he asked her to let me go into a house there; she said she would; I said I would not; she said I was a fool, and so pulled me in with her.

Q. You said it was nine o'clock when you set out from your master's, what time might it be when you got into this alley?

Hawkins. Near twelve o'clock.

Q. How long did you stay at the publick-house?

Hawkins. Not above a quarter of an hour.

Q. Then all the rest of the time you was about the streets with him?

Hawkins. Yes.

Q. What country are you of?

Hawkins. Devonshire?

Q. How long have you lived in London?

Hawkins. About half a year. The man went into the house before me; and the woman pulled me up stairs by the hand.

Q. Then you walked up, being pulled by her?

Hawkins. Yes. She took me into a room, she went out, and bolted the door on the outside. Then he strained my stays open with his hands, and took off my shoes.

Q. Did he undress you quite?

Hawkins. No.

Q. What did he do then? Was he rude to you?

Hawkins. Yes.

Q. Was he undressed?

Hawkins. No.

Q. Did he offer any violence to you?

Hawkins. He pushed me upon the bed. I made a noise; and he stopped my breath with his hand.

Q. Was any body in the room besides yourself?

Hawkins. Not in the room.

Q. Did he do any thing to you after he stopped your mouth?

Hawkins. Yes.

Q. Tell what it was. Did he threaten you?

Hawkins. No; he only stopped my breath when I made a noise.

Q. Where was he?

Hawkins. By the side of the bed.

Q. What did he do to you after he stopped your mouth?

Hawkins. He was concerned with me.

Q. Do you mean he lay with you, had carnal knowledge of you?

Hawkins. Yes.

Q. You are not a married woman, are you?

Hawkins. No.

Q. The last account you gave was, that he was standing by the side of the bed when he pulled you down on the bed. I suppose he altered that position before he had carnal knowledge of you?

Q. How long had you been off the bed the last time before you went out?

Hawkins. A good while.

Q. How long?

Hawkins. Two or three hours.

Q. What was you doing?

Hawkins. Nothing.

Q. What was he doing?

Hawkins. Nothing.

Q. Both sitting still then.

Hawkins. Yes, I could not get out.

Q. Who let you out at last?

Hawkins. The woman unbolted the door and I went out.

Q. Did he go out with you?

Hawkins. He got out before me?

Q. How long did you stay after him?

Hawkins. I came out soon after him.

Q. Did you see him after he came out in the street?

Hawkins. Yes, I saw him go along the street a good way.

Q. What street.

Hawkins. I don't know the name of the street.

Q. And then you went home?

Hawkins. I did not go home; I was afraid as I had been out all night; I went to my brother's house in St. Ann's Court.

Q. What time did you get there?

Hawkins. I was obliged to walk the streets all the next night, and went to my brother's on Sunday morning.

Q. Did you tell him this story when you saw him?

Hawkins. No, I told my mistress of it on Sunday afternoon.

Q. Is she here?

Hawkins. No, my master and she could not be out together.

Q. I want to know whether, in all the time he was walking about with you, till he took you to the Plough, you called out for help.

Hawkins. I was afraid he would murder me, as he had hit me two or three slaps on the face.

Q. Why did you not at the Plough call out for assistance?

Hawkins. I thought he would let me go.

Q. Why did you not call out for assistance to apprehend him, when you saw him in the street next morning?

Hawkins. I did not know it was proper to call out to strangers.

Q. When did you take him up?

Hawkins. The Tuesday following. I went to the Justice on Monday.

Q. What part of Devonshire do you come from?

Hawkins. I was born at Exeter.

Q. How old are you?

Hawkins. I am in my nineteenth year.

Richard Hawkins . I am half-brother to the prosecutrix; I know nothing of the matter but what she told me, she sent a shoe-black to me on Sunday morning while she stood at the end of the court; I asked her where she had been, and how she came to stay out; she burst into tears and said she had been forced away by a man, and ill used by him, in some court about Covent Garden; she came into the house and told my wife and her mistress what had happened to her.

Q. Do you know the prisoner?

R. Hawkins. Only by sight.

Q. Did you ever know her lye out before?

R. Hawkins. No; she has been in London but about ten months, and she has only lived with her master and me.

Hugh Thomas . I am the young woman's master; I sent her to the black horse, in Oxendon-street, for her brother; he was there on Friday night at half after nine o'clock; I did not see her again till the Monday morning; she returned on Sunday morning.

Thomas Glover . I am a Coachman, I lodged at the same house in Jackson's-alley that night, along with John Robinson and another man; we went to lye there; we were drinking a pot of beer when the young woman came through the room we were in; she came at first and said she would not lye there without she could have a room for her self and her spouse by themselves, the prisoner came up directly after; one asked him to drink, which he did; and they went to bed.

Q. How do you know that they went to bed?

Glover. They shut the door, and there was a bed for them to go to.

Q. How long did you stay there?

Glover. Till seven next morning.

Q. Did they fasten themselves in?

Glover. They pulled the door to; I don't believe there is any fastening; it is a little room like a closet, there is just room for a bed.

Q. Did you hear any noise?

Glover. No.

Q. to the prosecutrix. Did the maid drag you through the room where these men were?

Prosecutrix. There were men and women in the room, I don't know who they were.

John Robinson . I am a coachman; I lay in that house; two people came through, the room I lay in, to go to bed; I know the chairman, I don't know the woman; she came first into our room, she said she would not lie there unless she could have a room for herself and her spouse; the maid of the house said you may have one to yourself, so they went through our room into another room; the door was hardly shut; she must get upon the bed to go into the room; there were four or five beds upon the same floor, the partition was very thin; the woman went in first and sat down upon the bed, she must sit down upon the bed, for the bed touched the door; I never was in the house before, and never will go there again.

Q. Did you hear any disturbances in the night?

Robinson. There was no other disturbance but the maid of the house came up drunk and plagued us.

Q. If there had been any crying out then, you must have heard them?

Robinson. If they had spoke I must have heard them.

Q. to the Prosecutrix. The witnesses sware you said you would have a room for yourself and your spouse.

Prosecutrix. I never said any such words; when the maid dragged me up stairs, I said I would not lie in any such house, I was afraid it was a bad house.

Q. Did you go into any of the houses the prisoner has mentioned, to drink with him?

Prosecutrix. No, only that one house at first.

Q. Did you sit with him all night in the chair?

Prosecutrix. No, I was walking about all night, I did not sit down at all, and I ate nothing all the time.

Edward Dyer . I have the care of a house in Great Smith Street, Westminster , that belongs to Sir Rob. Smith ; it is an empty house; it was robbed of some lead, on the 27th of March from the garret windows; both the back and fore fronts were covered with lead instead of tyles; we call it doomers; it was safe at seven o'clock on the 27th of March. I found these two pieces of lead (producing them) at Mr. Whitehead's; I tried them, and they matched exactly the place from whence the lead was stolen; the prisoner was a bricklayer's labourer , and worked on the top of this house on the 27th of March; he did not come to work the next day, but went to work at another place.

Thomas Whitehead deposed that he was in the kitchen belonging to the house, that he heard the lead fall, and went into the street, that he took the lead from the prisoner and put it into his uncle's house.

319. (M.) JOSEPH LUM was indicted for breaking and entering the dwelling-house of Patrick Sheild on the 18th of April, about the hour of twelve in the night, with intent the money and effects of the said Patrick to steal . +

Jane Sheild . I am wife to Patrick Sheild , who lives at No. 1. in Martlet's-court . I was below stairs in the kitchen on the 18th of April between eleven and twelve o'clock. Two other persons were in the kitchen. I heard a noise. I asked the maid if she had fastened the window. The street-door was on the latch; and the windows were fastened. At first I thought it was the cat. I went into the parlour with the candle in my hand, thinking it was the cat; and I saw the prisoner go out at the window. The door fronted the window. I called out that there were rogues and thieves in the house. A young man was coming in; he run after the prisoner, and stopped him. I did not see the prisoner's face.

Q. How was the window fastened?

Jane Sheild . The window-blinds were up, and the outside shutters were put to, but they were not bolted.

Andrew Macardel . I lodge at Mr. Sheild's. On Saturday night the 18th of April, about a quarter before twelve, I was coming home to my lodgings. When I was at some little distance from the house, I saw a light in the parlour; and, as I passed by the parlour-window, the shutters were violently thrown open against me. I thought it had been the maid, and called out what are you about, but received no answer. I stopped about a minute, while I scraped my shoes, when the prisoner jumped out at the window. In a moment after that, I heard Mrs. Sheild cry out there are thieves in the house. The prisoner ran away; and I pursued him up Bow-street.

Q. Where is this Martlet's-court?

Macardel. One end comes into Bow-street, the other into Russel-street. He turned into Broad-court, at the top of Bow-street; I still kept on; he turned about, and asked me what I wanted. A chairman came up, and we both laid hold of him.

Q. Did you see any other man in your pursuit of this man?

Macardel. No.

Q. Are you sure the man that turned round in Bow-street was the man you saw come out of the window?

Macardel. Yes, I never lost sight of him, but just as he turned the corner; we seized him. Mrs. Sheild examined the room, and a pier-glass was moved a little off the skrew; the glass was hung upon a skrew. I don't suppose that was done with an intent to be taken away; I suppose it happened by his endeavouring to get out at the window. We searched further; but we did not miss any thing.

Q. from the Prisoner. How far was you from the window when the man jumped out?

Macardel. I was at the door, near the window.

Q. How far had the man got when you began the pursuit?

Macardel. About ten yards; he had a particular dress; he was in a round hat.

John Heley . I heard the cry of stop thief. When I came up, I saw the prisoner in the custody of Mr. Macardel and a chairman.

Prisoner's Defence.

I was coming down Broad-court; they said this is he, and they laid hold of me; I was by myself; I know nothing of the matter.

Guilty . Death .

Prosecutrix. I beg your lordship will shew the prisoner mercy. My life was in his power, and he did not take it.

Macardel. We searched him, and found no instruments of violence upon him.

[See him tried for Burglaries, No. 511. in Mr. Alderman Trecothick's mayoralty, in company with Burton, Flanagan, &c. and No. 96. in the present mayoralty.]

320. (M.) JOHN-JAMES GILBERT, otherwise PHILLIPS , was indicted for breaking and entering the dwelling-house of James Durne on the 22nd of April, about the hour of seven in the afternoon, (no person being therein) and stealing six blankets, value 40 s. two cotton curtains, value 10 s. three cotton counter panes, value 3 l. and four small looking-glasses, with mahogany frames, value 10 s. the property of the said James Durne , and one linen quilt, value 8 s. the property of Mary Watson , spinster, in the dwelling-house of the said James Durne . ++

James Durne . I am a brewer , and live at Kensington gravel-pits . My house was broke

open on the 22nd of April towards the evening. My servant informed me of it at eight o'clock the next morning, when she went to open the windows. I went to the house; it was a house I had ready-furnished, which was not then occupied, but was ready for a tenant; it was about two or three hundred yards from my own house. I examined which way they came in, and found a pane of glass was broke in a window in the yard to come at the bar; I perceived farther the traces of their feet; they had forced the bars. I was sent for to the Justice's; there I saw most of my things; and the prisoner did own that they were my things, and came out of my house. I know nothing of the prisoner.

Mary Watson . I am servant to Mr. Durne. The house was safe at six o'clock at night on the 22d of April; I went to the house the next morning, and the garden-door and the windows were standing wide open. I missed the things mentioned in the indictment, (repeating them).

Q. Do you know any thing of the prisoner?

Watson. I never saw him before he was apprehended.

- Causey, a pawn-broker, in Barwick-street, produced two cotton counter-panes, and a quilt, which were brought to him on the 22d of April by the prisoner and another man, who said they were the property of a Mr. Eagland; that, as he suspected them, he sent his apprentice and a man with them to give the money to Mr. Eagland, if they found their story true; that they returned in a few minutes, and informed him that the two men had made their escape; upon which he printed hand-bills, and had them distributed to the pawnbrokers, in consequence of which the prisoner was stopped by Mr. Leighton.

James Alder , who is apprentice to the last witness, deposed, that he was sent with the prisoner and the other man; that in Windmill-street the prisoner's accomplice turned round upon him, and insisted that he should go no further; that he demanded the money of him, struck him several blows, and ran away with his hat; that the prisoner seized the man that was sent with him, who got loose and ran away.

Thomas Leighton , a pawn-broker, produced a counter-pane which the prisoner brought to him when he secured him.

William Barrel , apprentice to - Treslove, in Chappel-court, Oxford-road, produced five blankets and a curtain, which were pledged with him by the prisoner and another man on the 22nd of April.

Mary Watson deposed, that the goods produced were the property of the prosecutor.

The prisoner said in his defence, that he went with an acquaintance to pawn these things, believing he had come honestly by them. He called - Hemmings, - Levey, - Barron, and William Rhodes , who all gave him an excellent character.

Guilty of stealing only . T .

(1st M.) He was a second time indicted, for that he on the King's-highway on James Alder did make an assault, putting him in corporal fear and danger of his life; and stealing from his person a hat , on the 22nd of April .

321. (2d M.) ALEXANDER MIDDLETON was indicted for stealing a feather bed, value 20 s. a feather bolster, value 2 s. a pair of blankets, value 4 s. and a pair of linen sheets, value 4 s. the property of Edward Riley ; the said goods being in a certain lodging-room let by contract by the said Edward to the said Alexander , on the 18th of April . ++

324. (2d M.) PETER M'CLOUD was indicted for breaking and entering the dwelling-house of Joseph Hankey , Esq ; on the 10th of April, about the hour of one in the night, and stealing a sash-window screw made of iron and brass, value 1 s. the property of the said Joseph Hankey , Esq; in his dwelling-house .

A second count charges him with breaking and entering the said dwelling-house with intent to steal.

[The witnesses were examined apart, at the request of the prisoner.]

Mr. Hankey. I live at Poplar . On the night of Friday the 10th of April I was waked out of

my sleep by some noise. I lay some time; but, not hearing any thing, I concluded the wind had blown some rubbish from the scaffold, as my house was repairing. The nurse came into the room for something for the child; then I thought it was she that I had heard. Presently I heard more noise. I waked Mrs. Hankey, and told her my suspicion that the house was beset, and desired she would not be alarmed. I rested about five minutes; then I heard a pane of glass break with amazing force, enough to wake any person in the house. I ran from the bed, opened my door, and went softly down stairs in my shirt, I had no weapons. I stopped on the middle of the stair-case, to see if I could discover any thing; but I could not. I stopped there about twenty seconds, and then heard the skrew of the window unscrew and draw out of the nut. I thought it would be best to get to the street-door, and then I could alarm the neighbourhood, and might perhaps be able to secure one of them. I went immediately to the street-door. From the time of breaking the glass to my opening the door was but half a minute, or little more. Upon my opening the door, the prisoner and another jumped from the top of the rails where they stood immediately against the window that was broke open; and as they jumped from the rails, I jumped down the steps. They kept about a yard and a half asunder. I took the prisoner about fifteen yards from the house. He threw me down, and hurt me; but I never quitted my hold, but rolled over him. He called out for his comrade, Peter, come to my assistance; he called many times, but Peter never came back. I called out for help, after having had hold of him five minutes; I called out to my opposite neighbour Mr. Keeler, but he did not come down: at last one John West came to my assistance. The prisoner said he had not been attempting my house. I said, see what you have done, the window is broke open. The lowermost middle pane in the uppermost sash was broke, the window was down, I had not given him time to get the sash up. Mrs. Hankey and the servants came down; and we carried him into the house. I put my cloaths on, and then we carried him to the watch-house for that night; and the next morning we took him before Justice Sherwood.

Eleanor Wollaston . I am servant to Mr. Hankey. I fastened the window over-night, pushed the sash up, and skrewed the upper sash to the under.

John West . I live across the road from Mr. Hankey's. I heard Mr. Hankey call out, and came to his assistance. Mr. Hankey was struggling with the prisoner; he bid me hold him fast, which I did; he got a light, and came out and saw that the window-shutter and the glass had been broke.

Q. to Mr. Hankey. How soon after you apprehended the man, did you examine the window?

Mr. Hankey. I believe in about two minutes. I heard the prisoner call out Peter when I was in the room; I searched him in a few minutes after I had him in my house; he had this blunt, white-handled knife, and a small crow, upon him, (producing them).

Mrs. Ann Hankey . I went to bed about half an hour after ten the night before our house was broke; I saw the maid secure the windows, and I tried the screw of the shutters, and every thing was safe and fast; I always see to the fastening myself; I examined the window when I got up, and the pane above the skrew was broke, and the screw was gone.

Q. Was there room for a person to put his hand into the window, and take the screw out?

Mrs. Hankey. Yes.

Q. Was you by when the prisoner was searched?

Mrs. Hankey. I was not.

William Mason . I received this screw of Thomas Cole (producing it) on Saturday the 11th of April, between the hours of three and four in the afternoon, and have had it in my custody ever since.

Thomas Cole . I gave this screw to Mr. Mason; I found it between six and seven in the morning the house was broke open, in the street, about thirty yards from the window.

Mr. Hankey. This is the same sort of screw that was in my window, and I believe it to be the same. This is the nut, (producing it). I have taken it out of the window, and the screw fits it exactly.

Q. to Cole. Where did you find it?

Cole. About thirty yards from the window, towards the Smith's shop.

Mr. Hankey. That is the way I saw the prisoner's accomplice go.

Thomas Hurst . I am head-borough; I was called up about one o'clock, and the prisoner was in hold at the watch-house; I found this knife and small crow.

William Keeler . I found this chissel ( producing a large chissel) on Saturday morning, about eight or ten yards from Mr. Hankey's

- Hunter. I found this chissel (producing a large iron chissel) near Mr. Hankey's, about five o'clock in the morning, as I was going to work.

William Stamford . I was going to my labour. As I came by the watch house on the 11th of April, I looked through the bars; some man said to the prisoner you are a pretty sort of a lad to have a roll and tumble with Mr. Hankey; he smiled at it, and said, if I had known as much then as I do now, I would have had his life if I could.

Francis Sellon . I saw the prisoner at the watch house the morning he was taken, he pulled a great knife out of his pocket and said it was a pity he had not time to get it out of his pocket, or he would have snigasneed him.

Prisoner. Please too look at the knife and see if it is fit for such a thing, the edge is an inch thick.

Wm. Pemberton . I saw the prisoner in custody at the watch-house, he took out a knife with a broad blade and white handle, and said it was a pity he could not get it out, or he would have snigasneed him. (This is the knife.)

Q. to Mr. Hankey. Do you know the prisoner's age?

Mr. Hankey. His father said he was 17 or 18 years old.

Prisoner's Defence.

I went down to Gravesend on board the Marquis of Rockingham to see my cousin, I stopt at Blackwall, being a strong flood; just as I came by this gentleman's door, there was a parcel of men running along, the gentleman laid hold of me, and charged me with breaking his house open; Mr. Hankey said the lower pane of the upper sash was taken out: Mrs. Hankey said it was the upper.

Court. Mrs. Hankey corrected herself.

Q. to Mr. Hankey. Are you sure the prisoner is one that jumped from the window?

Mr. Hankey. I never lost sight of him.

Prisoner. That little crow belongs to Thomas Ives , he lent it me to look at.

For the Prisoner.

Thomas Ives . I am a ballast trimmer. I never gave this crow to the prisoner; I have seen it in his custody; I saw him have it three or four days before this affair.

Prisoner. That crow is not fit to break open a house, the pewterers use it in making pewter pots, I never had it for any such thing as that.

Sarah Chance . I keep a shop in Spittal-fields ; the gown mentioned in the indictment I had pinned up at my door for sale on the 18th of April. About ten in the morning Sarah Bignell informed me that a woman had taken this gown; I followed the prisoner and overtook her about 30 yards from my house as she was turning the corner; she had my gown in her apron, (produced and deposed to.)

Sarah Bignell . I saw the prisoner take the gown as it hung at Mrs. Chance's door; I went over the way and informed her of it, and she pursued and took the prisoner.

Prisoner's Defence.

I did not take the gown down, I saw it on the ground and picked it up.

Thomas Daw I am a victaler and live in Pall Mall ; one of my children alarmed me on the 14th of March, with an outcry that a man had run down from my chamber with something; I went in pursuit of the man and saw the prisoner running at a distance about an hundred yards from my door, he continued running till I overtook him; I found my waistcoat under his arm and under his coat.

Prisoner's Defence.

I distribute hand bills for marking letters upon linen. I was going by and picked up this waistcoat; the prosecutor charged me with it; the chairmen wanted to duck me; I begged to be taken before a justice. I had two witnesses to prove that I found the waistcoat, but they are just gone home.

Wm. Harvey . Job Chandler , Thomas Harvey and myself worked at Mr. Wood's, Blossom Street, Shoreditch ; we went to dinner on the 28th of March, and left our tools; and when we returned we missed the things mentioned in the indictment; we had information from Tho. Martin that they were stolen by the prisoner; we have never seen the tools since.

Thomas Martin . I saw the prisoner go to Mr. Woods; he endeavoured to get up the brick wall at the shop window by fixing two gimblets to the wall to stand upon, but he found that would not do for his purpose, so he got a stool and fixed it to the window, and took out three saws; I told him that I would inform Mr. Wood of it; he said he did not care, and went away with them.

Francis Goff . I took up the prisoner and found two gimblets upon him, and there was mortar in the screws of the gimblets. As we were going in a coach to the justice, he said he would tell us where the tools were; we stopt the coach; then he said he would not tell without we gave him some money.

Prisoner's Defence.

I went to the shop, but I did not take any thing; I never saw the lad.

332. (1st. M.) WILLIAM HARDING was indicted for cutting, ripping and stealing 300 lb. of lead value 40 s. the said lead being affixed to a summer house, the property of Elisha Biscoe , Esq ; March 13th . +

sheet, value 2 s. one copper tea-kettle, value 2 s. and two flat irons, value 2 s. the property of William Mears ; the said goods being in a certain lodging-room let by contract , by the said William Mears , to the said William Procter , March the 11th . +

William Mears . I keep a house in Orange-street, Leicester-fields . I let a lodging to William Procter about the latter end of December, and the things mentioned in the indictment were in the lodging about two hours after I let him the lodging; the woman came, and they staid about ten minutes. I happened to be at a publick-house, and heard something there that caused me to suspect the prisoner; upon which I went home, and upon examining the apartments missed the things mentioned in the indictment.

Timothy Parker , who is servant to - Murthwaite, a pawn-broker, produced a tea-kettle which was pawned by the woman on the 8th of March.

Also a curtain she pawned on the 4th, produced and deposed to by the prosecutor.

Procter's Defence.

I promised to get the prosecutor his goods again the next day, if he would forgive me.

Joseph Weston . I am servant to Mr. Bradley, a pawn-broker , at the corner of Round-court, in the Strand . On the 11th of March, between eight and nine o'clock in the evening, I observed that the case-door of the inside of the shop-window was broke open, and that the things mentioned in the indictment were stolen: they were advertised, in consequence of which some of them were stopped by Moses Levi and Isaac Bakaruk .

Isaac Bakaruk . On the 12th of March one Laman Abraham brought two window-blinds to me, and wanted me to buy them; I told him, if he would leave them 'till next morning, I would see if I could find a purchaser for them. I saw them advertised in the papers; so I mentioned it to Mr. Levi, who desired me to get a warrant; which I did, and took him before Sir John Fielding , where he confessed whom he had them of; and Sir John admitted him an evidence.

Moses Levi . Abraham shewed me where the prisoners were to be found; we went first to the Mermaid in St. Giles's; they were not there; we went in search of them to other places; after which we returned to the Mermaid, where we found them; I said I would buy the window-blinds, if he would come to another publick-house and bring change for a guinea, and that I would pay him for them; the prisoners met us, along with Addington, at the Maidenhead. When they were all there, I said, how you are all together; they said, yes; then I drew a cutlass, and said, the first that attempted to resist I would cut his head off; then Addington offered to become an evidence; I got a coach, and took them to Sir John Fielding 's; the prisoner ordered the 'coachman to drive to a chandler's shop in Theobald's-row; he went into the house, and asked a woman there for the tea-tray; she fell into tears, and said she hoped there was no harm; then she went up stairs, and brought down the tea-tray, and delivered it me.

[The tray was produced and deposed to by Weston as the property of the prosecutor.]

William Addington . The afternoon of the day that Mr. Bradley was robbed the prisoners came to me, and asked me if I would go with them to break open a pawnbroker's shop, which they afterwards mentioned to be Mr. Bradley's;

the prisoners and I had taken notice of the shop some time before; we met at the Turk's-head in St. Giles's, and were there from four or five o'clock in the afternoon till seven.

Q. When was this?

Addington. About seven weeks ago, we went to the Prosecutor's; we found the door of the passage open, and the prisoners went into the passage and broke open the lock of the glass-case with a chissel, and took away the things mentioned in the indictment, ( repeating them) which we went and put into a room in Bambury-street, and afterwards sold the silver caps to a walking Jew in Holbourn for 16 d.

Laman Abraham. Addington came to me, and asked me if I would buy the window-blinds; I told him I did not want any; he then asked me if I knew any one that would buy them; I said I would see; he said he had other things, and that he would bring them the next day. I delivered the two window-blinds to Bakaruk.

Cook's Defence.

I was drinking with Addington till I got in liquor; I walked with him, and left him near the prosecutor's shop, and did not see him any more that night.

337. (1st M.) ISAAC LIPTRAP was indicted for breaking and entering the dwelling-house of Eliezar Pigot on the 11th of January , about the hour of one in the night, and stealing two silver table-spoons, value 20 s. two silver tea-spoons, value 3 s. one pair of iron spurs, plated with silver, value 5 s. one pair of leather boots, value 10 s. one woollen surtout coat, value 7 s. one gown, value 10 s. two pair of men's leather shoes, value 2 s. one pair of men's leather pumps, value 2 s. one peruke, value 10 s. one pair of silver shoe-buckles, value 7 s. one silver stock-buckle, value 2 s. one hunting whip mounted with silver, value 5 s. and a powder-proof piece, value 1 s. the property of the said Eliezar Pigott , in his Dwelling-house . *

Eliezar Pigot . I am a farmer, and live at Endfield ; I had been to Edmonton on the 10th of January to pay my rent; I came home about half an hour after eleven o'clock and went to bed; about six o'clock in the morning my maid called me up, and told me my house was broke open; I got up, and found that three panes over the shutter (it was a leaded window) had been taken out, which made room enough for a man to put his arm over the top of the shutter, which was an inside one that took up and down, and fastened only with a button; on the inside of this was the kitchen; and the shutter was buttoned very near the top; the casement was open; my desk, which stood in the kitchen, was broke open, and I lost the powder-proof piece, and some halfpence, from the desk; the two tea-spoons, the two table spoons, and a child's pap-spoon, were taken from the drawers in the dresser; the spurs, boots, &c. (repeating them) were all taken out of the kitchen; the shoes were, I believe, in the kitchen.

Q. Do you know that they were fast the over night?

Pigot. I saw the window-shutters were put to, but did not observe any thing further; the bureau, I am certain, was locked the over night; I pulled off my boots when I came home, and left them and my spurs and whip in the kitchen; my whip was brought to me when it was advertised, on the 16th of March, by Isaac Francis , who said he had bought it of a neighbour; I took my horse, and went with Mr. Francis to seek for the prisoner, of whom he bought the whip and my spurs; Francis took me to his lodgings; he was not there; we went to a house to drink; while we were there we saw the prisoner go by; Francis went out and brought him into the house under a pretence to drink; as soon as he came into the house he made a push to get out again; I charged him with having stolen my whip and spurs; he said he bought them of a Jew; Francis told me where he lodged; we searched his lodgings, and there found my powder-proof piece locked up in his box; and there were some other things that belonged to other people; these are my whip and spurs, (producing them) I left the powder-proof piece at Justice Wilmot's, and it is somehow lost; the prisoner denied the fact the first two or three times he was examined; on the 19th of March, after he was fully committed to Newgate, he charged

Francis and Walby with being both concerned in breaking into my house, and said he handed the things out at the window to them.

Cross Examination.

Q. You said he denied the charge the first or second time he was examined; I suppose the magistrate bid him be upon his guard?

Pigot. The Justice said it would be better for him to impeach at first.

Q. How came he to do it at last?

Pigot. I suppose he did not like to be sent to Newgate.

Q. Can you tell what words the magistrate made use of?

Pigot. He told him, if he was fully committed, he could not turn evidence.

Q. Did he make any promises to him of any sort?

Pigot. No.

Elizabeth Pepper . I am servant to Mr. Pigot; I went to bed between eleven and twelve o'clock the night the house was broke open; I put the shutters up at the usual time, and they were safe when I went to bed; I buttoned the shutters, and am sure the casement was hasped when I put the shutters up.

Q. Do you know what was in the kitchen?

Pepper. All the things my master has mentioned. I went to bed between eleven and twelve o'clock; when I got up, a little after six in the morning, I found my master's desk broke open, and the shutters took down; I believe the casement was shut.

Q. Did you open it?

Pepper. I don't know that I did; the glass was broke, and the things mentioned in the indictment were gone.

Isaac Francis . I live at Mile-End; the prisoner lodged at one Price's, a brewer's clerk, just by me; he had lodged about the neighbourhood five or six months, I bought this whip and the spurs of him; I believe it was the 16th of March that Mr. Pigot had them of me, and I had then had them about a month; the prisoner came by me smacking the whip as I stood at my door; he came another day, and said he had a mind to sell it; as I kept a horse, I purchas'd it of him; I bought the spurs some time afterwards.

Q. Is there a name on the whip?

Francis. Yes; I did not take notice of the name then; he said a gentleman had died at Edmonton, and had left his whip, boots, spurs, and great coat, to his servant, of whom he had them; I went out with two friends to Little-Heath, on one side of Wormly, two of us in a chaise, and one on horseback; we stopped to dine there; from thence we went to Edmonton; I lay at a publick-house there; a man at the publick-house examined the whip, and then asked me how I came by it; I told him; he said it belonged to one of his neighbours, and that it was stolen out of Mr. Pigot's house; I told him I had bought a pair of spurs of the same man; my friends and I, and this person, went to the prosecutor's house on the Monday Morning, and shewed Mr. Pigot the whip, which he owned.

Cross examination.

Q. Where did he sell you the whip?

Francis. I was at my door; we went down to Mr. Horsenail's, and I agreed with him and paid him there.

Q. It was not done in any private way, was it?

Francis. None in the least, it was open to all the people that were in company. He was fully committed on Thursday, and on Saturday Mr. Wilmot sent after me; I went to Mr. Wilmot, who informed me that the prisoner had sworn against me, and that he must commit me. I sent for my father and several of my friends, and Mr. Wilmot indulged me with going to a sponging-house instead of a gaol; we were fully committed a second time, I and one Walby, who is a man of character and property; we were re-examined on Wednesday before six justices, and, when the justices had heard the whole of the case related, we were honourably acquitted; we were committed to the bailiff's house from Saturday night till Wednesday.

William Piner . I am servant to Mr. Pigot; my master came to the stable to me, and told me the window was broke open; I went to the house, and there were three panes taken out of the window.

- Flanagan. The prosecutor gave me the spurs and whip to bring to Hick's-hall.

Q. Did the Justice deliver the powder-proof piece to you?

Flanagan. No; he said it did not signify, for Mr. Pigot could not swear to it.

Court. So he said he would not deliver it, because it was not sworn to?

Flanagan. He said he could not just immediately find it, and there were things enough already.

Prisoner's Defence.

I leave it to my council; I know nothing at all about it.

For the Prisoner.

John Liptrap . I was with the prisoner before Justice Wilmot; the first time he was questioned was about the boots and spurs, and he said he bought them of a Jew; the Justice told me afterwards, if he would impeach any confederates, he would admit him an evidence; and I told him that.

John Allen . I am a butcher in Red-lion-street, White-chappel, and have known the prisoner 14 years; he lived four or five years with my uncle as a carter and plowman , and bears the best of characters.

Francis Lee . I live at Ponder's end; the prisoner lived at a publick-house just by me, and I never heard any impeachment of his character before this.

- Ballard. I live at Marybone, and have known the prisoner about two years and a half; I made him two suits of cloaths, and he paid me very honestly; he always behaved well.

John Dutton . I am a wharfinger, and live at Ralph's key; I knew the prisoner about twelve years ago, when he lived with my father; he bore a good character then, but I have known nothing of him since.

Ann Obday . I am the prosecutor's wife; I went out to see my husband, who is a soldier , about six o'clock on the 11th of March: I returned about twelve o'clock, and found my door broke open; my room is up one pair of stairs, and the prisoner lodged in the room over mine; she left her lodgings, and did not return for above a week, when she told me she had pawned my gown at Mr. Hill's.

Isaac Bannister , servant to - Hill, produced the gown, which he deposed was pledged to him by the prisoner in the name of Dorothy Horne .

Mark Parsons , the prosecutor, deposed, that he was at the Red-lion in Nottingham-court on the 13th of April; that being in liquor he fell asleep; and that when he waked he missed his hat from off his head.

John Lorimar deposed, that the prisoner came into the house whilst the prosecutor was asleep; that soon after he came in he went and sate down by the prosecutor; and that some time after the witness saw the prisoner go out with something under his arm.

Elizabeth Cobham deposed, that the prisoner came into the house about twelve o'clock with the prosecutor's hat on; and that she, knowing it to be the prosecutor's, charged a constable with him

William Foot , who is a dealer in soot , deposed, that the prisoner lay about his cellar; that he missed a silver pepper-box in February, which was stopped by a silversmith in St. Martin's church-yard.

The Silversmith deposed, that the prisoners came to his shop on the 25th of February; that Edward produced the pepper-box, and offered it to sale; and that he stopped it, and they ran away.

[The pepper-box was produced, and deposed to by the prosecutor.]

James Ellis 's Defence.

My brother stole it; I know nothing of it.

Edward Ellis 's Defence.

My brother shewed me the pepper-box in St. Martin's church-yard, and told me how he got it.

James Clitherow . On the 27th or 28th of April last year my bailiff informed me that he missed out of my flock four ewes and five lambs; I examined and found they were missing; I saw them myself a few days before; I knew the number, and could swear positively that I had lost them; apprehending they might be only strayed, I made a search in the neighbouring grounds, but not finding them I had a hand-bill printed, offering five shillings reward to any that would discover the offender; I published the bills on the 29th of April; on the next day Mr. Samuel Davis , a butcher, of Twickenham, came to me, and informed me that he had some sheep in his possession that he believed might be mine; my bailiff went over to Twickenham, and knowing them to be mine he brought them over with him; I knew the ewes by the mark, that is, a red square mark on the back, and three large H's, one on each side, and one just over the rump; we suspected the prisoner; I knew the family; he lived at Brentford; I got a warrant for him, but, when an enquiry was made, he was not to be found, he had fled; so he was not taken by that warrant, but was taken by accident very lately.

Walter Burn . I am Mr. Clitherow's bailiff, and look after his sheep; there were five lambs and four ewes lost from his flock the 26th of April was twelvemonth out of his fold; Mr. Davis came to my master five or six days after they were lost; I went with him to Twickenham, and found four lambs and four ewes there that were Mr. Clitherow's property; the ewes were marked with three H's, one on each side, and one on the rump, and a large riddle on the necks; I knew the lambs by their faces, I saw them every day, and they were the same we lost out of the field.

Samuel Davis . I am a butcher at Twickenham; about the 26th or 27th of April, 1771, I bought four lambs and four ewes of the prisoner.

Q. Did you know the man before?

Davis. I had seen him before; he said they were his brother's. After that I received a hand-bill, and then I went to Mr. Clitherow; and told him of it, and that I could not find the man; he bid me not go any further; his bailiff went with me, and my servant delivered the ewes and lambs to him; he is here.

Q. You never saw him afterwards, I suppose?

Davis. No.

Q. How were they marked?

Davis. With three small H's, one on each side, and one on the rump, and with a large riddle-mark on the neck.

344. 345. (1st L.) RICHARD MORGAN , and WILLIAM ROWLAND , were indicted, the first for stealing thirty-six ells of linen-cloth, called white roll, value 20 s. two pieces called white essene, containing fifty-six ells, value 50 s. ten ells of linen cloth, called paterbone, value 5 s. twenty-eight yards of printed cotton, value 50 s. ninety-four ells of and eight ells of hempen Russia cloth, value 50 s. the property of Ralph Hotchkin , in his dwelling-house , Feb. 23d . and the other for receiving the said goods, well knowing them to have been stolen . ++

[The witnesses were examined apart at the request of the prisoner.]

Ralph Hotchkin . I am a linen-draper , and live in Smithfield . Richard Morgan , the prisoner, was my porter ; I hired him on the 15th of May, 1771; and he quitted my service on the 21st of February last. In a short time after he was discharged, I found out, by the means of Sydden, Mr. Stracey's coachman, that some of my goods were convey'd to Sydden's box, at Mr. Morris's in Smithfield; upon this I got a constable, and by the assistance of Sydden we took Morgan at one Mr. Baker's in Noble-street at twelve o'clock that night, and sent him to the Counter; the next morning I took him before my Lord Mayor, where he confessed taking several things from me while in my service; among other things, he said that there was a box then at the Bell-inn, to go by the Birmingham waggon; on this I got Mr. Pollard to go after the box; he traced it to St. Alban's, and brought it back to me; it was directed to John Matthews , at Birmingham, to be left till called for; I opened it, and found many goods I can swear to; the first article has no particular mark on it; the cotton I can swear to, it has my printed mark on it; the white essene I can swear to, it has got a particular number on it, a number that the maker puts on the goods he sells to me in particular; all the handkerchiefs have different marks, I can swear to them. After Morgan's having robbed me broke out, on Monday evening Mr. Stracey's coachman, one Cist, and the prisoner Rowland, who is Mr. Savage's coachman , came to me, and brought me different goods they had in their custody; Rowland had ten yards and a half of Irish, and two printed handkerchiefs, which I can swear to; one of them appears to have been torn off a piece that was in the box.

Edward Tuck . I am the ostler at the Bell-inn, Smithfield. Morgan the prisoner came to me, and told me he was going to Birmingham, and that he wanted me to fetch some boxes to go by the waggon; I went with him to the Red-lion; he then sent for the two coachmen; when they were come, Stracey's coachman and Morgan talked together a good deal; there was no conversation between Morgan and Rowland; we went out together, and Mr. Savage's coachman said nothing; but Mr. Stracey's coachman said you must go with me for a box to the stables; so we all three went together; when we came there the goods were in a bag in the loft in the stable; Mr. Stracey's coachman brought them down out of the bag; Rowland and I expressed some doubt of the rectitude of this transaction; Mr. Stracey's coachman said they need not be afraid, that Morgan had bought the goods, and was going to settle in the country; we packed up the box and corded it, and I brought it away and carried it to the waggon; Morgan gave me the direction in writing, and I put it on the box; I saw the box before my Lord Mayor, and it was the same I packed up; before this, Mr. Morris's man sent me to Mr. Stracey's stable, to tell Morgan to be off.

Court. You very kindly helped to pack up these goods after you had delivered that message?

was present before my Lord Mayor when Morgan was under examination; he confessed to several times taking goods from his master; he gave information of a box being packed that morning, and sent to the Bell-inn in Smith-field, to go by Baker's waggon for Birmingham; this box he said was directed for one Matthews, to be left at the ware-house till called for. Mr. Hotchkin being engaged, I offered to go after it, to recover it; I went to St. Alban's the same evening, and got there before the waggon; I applied to the mayor of St. Alban's, to take it from the waggon; the mayor granted a warrant, and an officer to go with me; the waggon came in about one in the morning; I spoke to Baker; he said he remembered the box, and he believed it was in the middle of the waggon; he said it would be a considerable trouble, but he would dispense with that, if I shewed him my authority; I did, and we unloaded it, and in an hour's time found the box; I brought it as it was to my warehouse, and in the morning sent for Mr. Hotchkin, who opened it, and knew the things to be his property; they have been in my custody ever since.

Oliver Charles . I am a porter to Mr. Stracey and Savage; as I was coming home one day, I met Morgan; he said he had been on board a ship, and had bought some goods, and asked me to lend him a box to put them in; he said he thought he had a right to smuggle as well as any body else; it was about four months ago, a little after Christmas; he brought as much linen as he could carry the next morning about five o'clock, and I put it in the box, which I locked; I asked him what he intended to do with it; he desired me to carry it into the coachman's room; I asked him if he had asked his leave; he said yes; I did not believe him, but went and asked the coachman myself, who said yes, he was welcome to put any thing in his room; about a week after he brought me some more goods, and asked me to keep them till night for him; he put them on the counter, and I put them under the counter all day, and Mr. Stracey's coachman came between ten and eleven o'clock and took them away; about three days after that, he brought three pieces of coarse sheeting, and a piece of ticking; and, about a week after, he came one morning and brought a good deal of goods; he went away again, and returned with some more, and he borrowed an old box, and tied them up with a piece of cord; he desired to leave them there till night, and then asked me to bring them down to the Castle, and he would meet me; when I came there, there was no body there, so I went to another place, and left them for Mr. Stracey's coachman, and then I saw no more of them.

Thomas Worling . I am book-keeper to the Birmingham waggon. On Monday the 24th of February there was a box left at the inn, directed for John Matthews , Birmingham, which I sent in the waggon; I saw it before it went, and since at the prosecutor's shop; it is the same box.

Henry Sydden . I am a porter to Mr. William Morris , in Smithfield. I received two pieces of Irish from Mr. Hotchkins's man, who said he received them of smugglers; he asked me to cut ten yards and a half off the cloth, and said they were for Rowland; Morgan took them to him. I sent the ostler to Morgan to bid him be off.

[The box produced.]

Prosecutor. The handkerchiefs have my mark on them, one Y T, another marked U L, another marked Y S z; the piece of cotton has my stamp R H upon it; the essene has got the printer's mark, whic h is a particular number they have for every customer's goods; this is my No. 33, which is put on all my goods; this piece is marked Y N; they have all my marks; I can swear to them.

For Morgan.

- Allen. I live opposite the mansion-house; the prisoner Morgan lived a servant with me nine months; he was an honest, sober man; he went away in January 1771.

Thomas Wellings . I am a druggist in the Poultry; I hired Morgan as a porter the 27th of February 1770; he lived with me till the December following; he behaved very well as a porter.

Rowland's Defence.

I had nothing to do with the box; I had ten yards and a half of linen, which Morgan offered me at 1 s. 6 d. per yard; I was in a hurry, and could not stay to talk about it, so Morgan threw it into the manger. When Morgan was taken up, I then brought the cloth to Mr. Hotchkin; I know no more of it.

Mr. Savage. On Sunday the 23d of February Mr. Stracey and I went to dine with a gentleman. Rowland has lived with me ten years. When we came home at eight o'clock, he was at home at supper; I knew nothing of this till next morning. I had a suspicion of a servant of mine that he had robbed me; I spoke to the cooper, and asked him if he saw any back-door work; he said no; but in about five minutes he said he could tell me something that would surprize me, that the coachman had left a box of linen; my coachman said directly,

"Lord, Sir, I have ten yards and a half of cloth he gave me." I know no more of it; he always behaved as an honest, sober, just man; I had an excellent character of him, and I believe he deserves it.

Mr. Stracey. I have known Rowland ten years; I believe him to be a sober, honest man; how he came into this affair I know not.

346. (1st M.) FRANCIS MOORE was indicted, for that he on the King's Highway, on Dinah the wife of Thomas Holding , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a six-and-ninepenny piece, three guineas, and seven shillings and sixpence, in money numbered, the property of Thomas Holding , March 26 . +

350. (2d M.) ROBERT PEACH was indicted for stealing a pair of linen-sheets, value 5 s. two pewter-plates, value 1 s. and a brass candlestick, value 6 d. the property of John Stokes , the said goods being in a certain lodging-room let by contract to the said Robert , Feb. 6 . ++

John Stokes . I let the prisoner a lodging at half-a-crown a week; he was there a good while; at last I miss'd the things mentioned in the indictment; I found them at a pawn-broker's.

The goods produced by the pawnbroker, who deposed, that they were brought to him by the prisoner.

Prisoner's Defence.

I did not intend to defraud him of the goods; I was very ill; I intended to redeem them again.

Richard Beane . I live in Lemon-street, Goodman's-fields . I am a cabinet-maker , and keep a shop there; this looking-glass and winch (producing them) stood on a table about four feet within the shop-door; I had seen it that morning; a boy informed me the prisoner had taken it; I followed her, and took it from under her arm.

Edward Blownson . On the 13th of March, returning from some workmen in a neighbouring house to my master's, I saw the prisoner come down the step of my master's door with the glass under her arm, and she had the winch in her hand; the lower part of the glass was not concealed by her cloak; I knew it to be my master's; I went and asked master if he had sold the glass; he said no; upon which I said I supposed somebody had stolen it; my master said, I saw a skirt of a gown go from the door, I thought it was a lodger; then my master and I went after the woman; we overtook her about twenty yards from the house, and we found this glass and winch upon her.

Prisoner's Defence.

As I was coming from White-chappel, I met a man who had the glass and winch; he offered me six-pence to carry it; I passed by the prosecutor's door afterwards; somebody came out and secured me, and the man was gone.

Owen Hudson . I am a hosier and haberdasher , and live in Bridge-street. When I came into the shop on the 14th of March, I found an order left for some silk stockings, to be sent to a gentleman's lodgings, at the Red Lamp, in Queen's-square ; I took the stockings there. Gratrix, who acted as the servant, opened the door; I told him my business; and he shewed me immediately up stairs. Mr. Sharpless was sitting with his hair a good deal powdered, and his face powdered; he was in a linen gown, to keep the powder from his dress, I suppose.

Q. What, was his face powdered?

Hudson. Yes, a good deal, rather more than there was a necessity for, I think. He asked me if I had brought some silk stockings, and bid me shew them; I opened several papers of stockings; he looked out three pair of coloured stockings, and three pair of white.

Q. Was Gratrix in the room all this while?

Hudson. He was in and out at the door; he asked me the price; I told him; then he asked me if I had silk pieces, and if I had not some black silk stockings with French clocks; I told him I had; he desired I would fetch some, and be pretty quick, for he should be in the house but a very short time.

Q. Had you sold him these silk stockings before you went away?

Hudson. No.

Q. When he asked the price, what did he say?

Hudson. He bid me fetch some silk pieces; I put the stockings on a chair.

Q. Did he say any thing whether he would have the stockings?

Hudson. There was no agreement made about the stockings; I did not take the marks off, but put the stockings on the back of a chair till I came back. When I came down stairs, I asked the servant Gratrix his master's name; he said Sharpless, and that he was a Berkshire gentleman. Then I went home, and brought the silk pieces, and the silk stockings; I suppose I was not absent more than ten minutes; I knocked at the door; the woman of the house opened it; she said the gentleman was gone out, and the servant had left word that I was to leave the things there, and the gentleman was to be at home at three o'clock; I told her I did not chuse to leave them, but would be back before three. I went home, and returned at about half an hour after two; I knocked at the door; the woman of the house opened the door; she said he was not come home; I asked her if she recommended them to me; she said she knew nothing of the matter; I asked her to let me go up stairs, to see if my goods were there; I went up; but my goods were not there; I would have taken them if they had; I searched the drawers and bed-chamber; there was nothing there; she told me, as I was coming down stairs, that, if he was a gentleman, I should serve him no more;

I met another hosier as I came down, who had brought another parcel of goods; when he came out, he and I had some talk. I went to Sir John Fielding 's, and gave him an account of what had happened; the name of Sharpless was down in his book in two or three places before. I received a letter afterwards from Sir John; I went there; there I saw three pair of stockings; I have seen three pair more since at a pawnbroker's in Castle-street, Oxford-market; I saw them a few days after; they had my marks to them, as I left them in the room.

Joseph Jenkins , who is a servant to - Murthwaite, a pawn-broker, in Poultney-street, produced three pair of silk stockings.

Prosecutor. These are three out of six pair that I carried to Sharpless that morning.

Q. From Sharpless to the Prosecutor. Whether they were not agreed for, for half-a-guinea a pair, before you lost them?

Prosecutor. No. I must have sold them for less than they were worth if I had; I sold them for 14 and 13 s. there was no agreement made at all.

Sharpless. He agreed to leave the coloured ones for half-a-guinea, and the white for 12 s.

Q. To Jenkins. Whom had you these stockings of?

Jenkins. I had them of Dunbar on the 14th of March in the afternoon; he was alone; I have seen Gratrix and Sharpless, or Hall, with him at other times in pledging goods.

Q. How near this 14th of March?

Jenkins. I believe both before and after a few days.

Q. What was lent on them?

Jenkins. A guinea on three pair.

Court. To the Prosecutor. Your marks remain on the stockings now?

Prosecutor. Yes; the same marks.

Jonathan Dunbar . I knew the prisoners; about five or six weeks before this happened I saw them at their lodgings; they came there the night before this affair; I was in the room when Sharpless gave Gratrix directions to go to Mr. Hudson's, to order some silk stockings; he acted as servant, Sharpless as master.

Q. Was Gratrix always the servant?

Dunbar. No; at other times he has been in the same situation as Sharpless was then.

Q. Can you tell us for what purpose that lodging was taken?

Dunbar. The same purpose it answered, to have some stockings there. We were, the day before, in St. James's Park; they had not any lodging at that time as I know of; it was agreed amongst us all, that the lodging should be taken; we had not proposed any particular lodging; we were all together when we found out this lodging; it was mentioned over night to get some stockings of Mr. Hudson. I went to their lodging next morning between nine and ten o'clock; they wanted me to go with the message to Mr. Hudson's; I went out with a pretence to go; when I came back, it was settled between them, that Gratrix should go as the servant, and Sharpless was to appear as a gentleman. Gratrix went, and brought word back that the stockings would come immediately. Mr. Hudson came about a quarter of an hour after; when he knocked at the door, I went into another room; I could hear their voices there, but not so as to distinguish any thing that passed; I came into the room again when Mr. Hudson was gone; I saw the stockings lie loose upon the chair; they agreed then to leave the lodgings; I put some of the stockings in my pocket, and Sharpless I believe had some; Sharpless and I went first; I think we went to the Yorkshire Grey at Buckingham-gate, and Gratrix came to us; we left the lodgings entirely. I went and pawned the three pair of silk stockings that have been produced, for a guinea; the prisoners stood at the corner of the street whilst I went into the pawnbroker's; Sharpless pawned the other three pair in the name of Hall at a pawnbroker's near Oxford-market; I gave him a shilling for the pawnbroker's ticket.

Sharpless's Defence.

I have nothing to say.

Gratrix's Defence.

We both agreed for the goods.

Both Guilty . T .

There were six or eight other indictments against them for offences of the same kind.

359. (1st M.) ELEANOR, the wife of JOHN ELLIOT , was indicted for stealing a looking-glass, value 5 s. a blanket, value 2 s. one linen pillow-bier, value six-pence, and a brass candlestick, value 6 d. the property of William Cole , the said goods being in a certain

lodging-room let by contract to John Elliot , to be used by him and the said Eleanor , April 2d . ++

William Cole . I keep a house in Clerkenwell . I let the prisoner a lodging in the month of March last, for her and her husband. My wife missed several things out of the lodging on the 2d of April; in consequence of which I had the prisoner taken up.

- Beale. I am servant to Mr. Harrington, a pawn-broker in Turnmill-street; the prisoner pawned this looking-glass there (producing it) on the 19th of March.

- Jones. I am a pawn-broker on Saffron-hill; the prisoner's sister Howard pawned this pillow-bier and blanket (producing them) with me.

The Constable deposed that he found the goods at the pawnbroker's by the prisoner's direction.

Prisoner's Defence.

The things were all pawned by Howard; she had not a lodging; so I let her be in my room, and she pawned the things.

360. 361. (2d L.) JOHN MASON , and MATTHEW LEMAN , were indicted, the first for stealing three bushels of sea-coals , the property of Increase Beale , and the other for receiving them, well knowing them to have been stolen , April 22d . ~

John Batson . On the 2d of March, about two in the afternoon, as I was going along Fleet-street, there was a considerable crowd, owing to the procession of Welch gentleman that day. Near Vine-office court, Fleet-street , the prisoner and some more met me; they were suspicious persons; I had some ladies to take care of; I had the caution to take care of my handkerchief, but not the caution to take care of my watch; I left the chain hanging out, I observed they all came close about me; I did not feel my watch taken; the prisoner came very near me; I put my hand towards my pocket, and missed my watch immediately; I seized hold of him, when he had not got from me above two yards; on challenging him, I saw him drop it out of his hand, by which the glass broke; I took him to the Globe-tavern.

Thomas Burnell . I was standing on that day to see the Welch procession; I did not see the prisoner do any thing to the prosecutor, but I saw Mr. Batson take hold of the prisoner with the watch in his hand; the chain hung down; I saw him drop the watch out of his hand; upon that we secured him, and went to the Globe-tavern; he acknowledged he had taken it from the prosecutor.

Prisoner's Defence.

I was in company with several other persons; being a great crowd, somebody had taken the watch, and endeavoured to put it into my pocket.

Lucy Nicks . I am wife to Robert Nicks , who is a captain of a ship . I live in the Minories . On the 7th of April I was informed the prisoner had confessed he had stolen a silver spoon out of my kitchen. The prisoner is brother to my servant. Soon after I was ordered to attend the Justice, where the prisoner then was; when before the justice, I asked when he took the spoon; his answer was the Sunday after Christmas; he said he took it out of the sink at a house where his sister lived; I saw him that very night at my house, and having company he

went away about ten; I was surprised he did not stay supper; I have seen him twice at the house.

Mary Petit . I keep a chandler's shop; the prisoner came to my house sometime after Christmas, to buy some bread and cheese for his dinner; while dealing with him about the cheese, he said, he had found a silver spoon; he produced it to me, and several people in the house; he asked me to buy it; I gave him 7 s. for it (the spoon produced and deposed to by the prosecutrix.)

Prisoner's Defence.

I was at the prosecutrix's about three weeks after Christmas, I went from thence to work; I broke my shovel; I went to a dunghill to find a bit of packthread to tie it, and I there found the spoon.

366, 367. (1st. L.) JAMES BARRAT and ANN BRADY were indicted, the first for stealing a featherbed value 18 s. a feather bolster value 4 s. two feather pillows value 3 s. a quilt value 4 s. and three blankets value 4 s. the property of William Sweetland ; and the other, for receiving the said goods, well-knowing them to have been stolen , March 8th . ~

Martha Sweetland . My husband is a sugarbaker ; I hired the prisoner Barrat as a porter to carry the things mentioned in the indictment, from Tooley street to St. Dunstan's-hill; I was going to a new lodging; I had lain-in about three weeks, and was very weak; finding the prisoner walk too fast for me, I desired him not to walk so fast, and desired him to wait for me; he said there was a pitching place at the end of the bridge; that he would go forward and wait for me there; he did go forward; but when I came to the place, he was not there; upon that I went to my lodging; I had acquainted him where to carry them; he had not been there. On the 11th of April I met with him on the bridge, charged him with having stolen the things, and had him secured; he at first denied it; I took him into the toll-house, and there he owned he had taken the things, and gone off with them; (produced and deposed to by the prosecutrix.

Wm. Sweetland . I am the husband of the first witness; I made an enquiry after the prisoner at several places; at last coming to town, I was informed the prisoner was taken on London-Bridge, and sent to the Mansion-house; the prisoner there owned he had sold them, and begged for mercy, and would discover the place and person that bought them; he said as to the description of the person, he was very well acquainted with, and had been so for many years, but at that time could not recollect her name, but would shew us the house; the prisoner, I, and the constable, went to a house, I think i n Rosemary Lane; on first attempting to go into the house, the door was fastened up, on which I returned back again, and applied to my Lord Mayor, for a search warrant; then I went back and broke open the door, but found nothing there; we took up a man that passed for her husband, in hopes by that means to apprehend the prisoner; that person was put into the Compter, but would not confess where she was; I offered a reward for taking the woman; she was taken that night; the next morning after she was taken, she was carried before my Lord-Mayor; there she owned she bought the bed, bolster and two pillows for 18 s. of the prisoner, and sold them again to Christian Pearson for 21 s. the rest she sold to Margaret Durse for 15 s. By virtue of the search-warrant I recovered these things from Margaret Durse ; she was gone into Scotland; Brady's husband offered to pay me for the things.

Thomas Willis . I am a brother-in-law of the prosecutor: on the 18th of April we brought the prisoner before my Lord Mayor; he there said the bed had been sold to that woman, pointing to the other prisoner, but the accomplice denied buying them.

Janet Wedderburn . I bought the bed, bolster and two pillows of the prisoner for 25 s. the prisoner carried the bolster and pillows in her lap to her daughter's house, where they were to be delivered; the reason she said she sold it, was (with a good deal of concern and sorrow) that she was very poor, and necessity obliged her to sell them; these are the things I bought of her.

Barrat's Defence.

The prosecutor's wife took me from her brother's to her lodging, to bring a bed from thence; I did not at all know where it was to be carried; but she instructed me that if any body should ask if the husband knew any thing

of taking the things, I was to answer that the husband was acquainted with it; coming over the bridge, she was very lame; a man was with her to assist her; I did go forward, and pitched the bundle at the end of the bridge; I went to drink a pint of beer; when I came out again, I met the man that assisted her going over the bridge, with the bed on his head; and that man said he was going to sell it by the woman's order; he told me, if I would go with him he would pay me for my trouble; on that I went into Rosemary Lane; there I met a woman in company with Brady; she asked me to dispose of the bed, which I did for 18 s.

Brady's Defence.

Wedderburn gave me 6 d. to carry the bed to her daughter's place, and I did go to that place.

Abraham Slade . The prisoner had been my servant about six years ago. I had a good opinion of her; I took her into my service again; she lived with me about nine months; at the end of that, I missed the things mentioned in the indictment, particularly the curtains were taken out of a box, the rest of the things out of a trunk; they were in different rooms in my apartments, both were unlocked; the prisoner on the last Wednesday in February, asked leave for to go out for an hour; she did not come back; then I missed my goods; I searched and found them pawned; I had not seen any of these things for three months; I accidentally met her that day seven-night by London Wall; I charged her with having stole them, she cried and said, she would show me where they all were; she went with me to two pawnbrokers, where I found my goods. (Produced and deposed to.)

- Laws. I am a pawnbroker; I took in pledge, a curtain in November; the other things at different times since; they were brought by the prisoner.

Prisoner's Defence.

I do not know what to say for myself; I believe my master will give me a character.

Prosecutor. She lived with me some years ago; I trusted her with bills, and things of great value; I always found her honest; I believe she has been seduced to do this by another person.

James Forrester . About the 14th of March I lost the things mentioned in the indictment. The prisoner was my servant ; she had only lived a little while with us; on a certain day a person came past my shop, and seeing her go in and out, she called in and asked my wife if she did not live there; my wife said she did; she seemed to be a little concerned in her way of asking for her; I said, if any thing was the matter, I desired she would let me know; she said she was not a person fit to be trusted in a house; I asked her to come in; and on that I desired my wife to look through the house, and see if there was any thing missing; and she did, and found the things missing in the indictment. I asked the prisoner first of all if she had taken these things; at first she denied it; I then sent, for a constable, and charged him with her; then she owned to part; she owned she had taken one shirt and an apron; afterwards, when she was carried to the Compter, she owned she took the silver buckles, the flat iron, and the child's skirt and frock; she said one shirt, the apron, and flat iron, were at Mr. Parker's, the pawnbroker, the bottom of Wood-street; I went there and found them; (the shirt, apron, and flat iron, produced and deposed to) she told me she left the buckles at the King's-arms, Philip-lane, with Joseph Thompson , who is a servant there. At Mr. Acton's, pawnbroker, in Fore-street, were left the child's frock and skirt, and one shirt; I found them there; (produces them.)

Joseph Thompson . The prisoner brought me the buckles about seven weeks ago, and asked me to lend her sixpence on them; she said they were her husband's buckles; I lent her sixpence;

Mr. Charles Bathurst , the prosecutor, a bookseller in Fleet Street , deposed, that he employed the prisoner in his house as a journeyman bookbinder ; that having lost many books, he on the 16th of March, ordered his servant William Thompson to watch the prisoner; who informed him that the prisoner had taken a book; upon which he sent for a constable, who searching the prisoner, found the book mentioned in his breeches (which was produced and deposed to by the prosecutor.)

William Thompson deposed, that the workshop in which the prisoner was employed lay backwards, at the end of a long passage; the way to which was through the front shop; that he missed the book mentioned in the indictment, as soon as the prisoner had passed through the shop; which he informed Mr. Bathurst of; he also confirmed the evidence given by Mr. Bathurst.

Thomas Fremble the constable, deposed, that he found the book in the prisoner's breeches.

The prisoner in his defence said, that his master had entertained a good opinion of him, and had lent him between two and three pounds to take up his freedom. He called William Bainfield , who had known him twenty-five or twenty six years; Mary Littleton , eight years; Sarah Pigg , twenty years, and Samuel Watson, three or four years, who gave him a good character.

372. (1st. L.) HENRY BARCLAY was indicted for stealing two pecks of sea coals, value 6 d. the property of John Hill and Russel Dodd , March 3d . ~

Russel Dodd . I am in partnership with Mr. John Hill ; we are lightermen ; on the 3d of March we had ten chaldron of coals in a barge at Puddle Dock; I saw the prisoner and two other persons in the barge, about eight o'clock in the evening. We had lost coals before, so I was upon the watch; I saw the prisoner come out of the barge with a bag on his shoulder, containing about two pecks of coals; I seized him, and he immediately dropt the bag, and begged of me to forgive him.

Prisoner's Defence.

I was easing myself, and seeing two boys in the barge, I went to them, and they gave me the coals to carry out for them: He called

Sarah Hall with whom he had formerly worked; who said he behaved well to her.

373. (2d. L.) WILLIAM HUDSON was indicted for breaking and entering the dwelling house of Felix Smith and John Pond , on 19th December , about the hour of two in the night; and stealing one silver dish, value 10 l. the property of Felix Smith , in his dwelling house . ~

2 d. Count charges it to be in the dwelling house of Felix Smith .

Acquitted .

See him tried No. 174, in the present mayoralty, for being concerned with William Smith alias Thumper, in committing a burglary in the house of Mr. Nesbit; for which Smith was executed.

" The prisoner when set to be arraigned appeared to be both deaf and dumb; a jury were impannelled to try whether he stood dumb through obstinacy, or by the visitation of God; when after examining several witnesses, who had known him from a child: the jury brought in their verdict

That he was dumb by the visitation of God.

"A person who had known him from a child, was sworn interpreter; who interpreted the evidence to the prisoner by signs.

Wm. Sissum . On the 20th of April, about eight at night, I was told by Jefferson, that his servant saw a person open the door of the warehouse; I went down and saw the door broke open, and I put on a new lock directly; I went into the buildings to search at the two story warehouse; I found two paper bags full of sugar one two thirds full, and one empty; and beside the bags was a hat, that the prisoner had on the same day. I called out that I had found the goods. The people called out that the man had just jumped out of the warehouse. He had a great coat on, and his arms up to the elbows, all over sugar.

Henry Payne . On the 20th of April I saw the prisoner getting out of a hole out of the warehouse with no hat on; when he was taken into the compting-house, his arms were all over sugar.

Samuel Garrerd . The prisoner was a servant with me; this hat is the hat which the prisoner wore.

Elizabeth Mason . A little after seven at night, I saw a man attempting to break into Smart's Key ; I don't know whether it was the prisoner; I told my master Mr. Jefferson of it.

Thomas Charnock . I saw the prisoner at the bottom of Smart's Key; he had no hat on, this hat I saw him wear the same day.

Prisoner's Defence.

I know nothing of this; as to my hat I dropped it into the river; I am entirely innocent of the charge.

Alexander Lockart . I am a watchman at Brewer's Key, Gulley Key , or wherever I can get employment; I saw the prisoner take some tobacco out of a hogshead; it was just after the last sessions, about one o'clock at noon; I stopped him and took it out of his hand, the hogshead lay on the side of Brewer's Key; it was barred over with two or three hoops, nailed a-cross the head; he broke some of the bars, and took it out with his hand; he took out a handful or two, (the tobacco produced) there is more here than what I took out of his hand, the other man took the rest out of his breeches; I went round the crane to meet him; I found it in his hand, and took it away, and let him go off; the people said he had more about him; then I went after him, and took him by the collar, and the constable came and took the rest out of his breeches; I held him while he was searched; he said he had not got any more, that it was only a chaw, as he was going a board of ship.

Thomas Ward . I am the constable; this man called me. The prisoner had two or three hands; he assisted me to search him; I took the rest out of his breeches, about a pound or a pound and a quarter.

" John May , a baker , deposed that he lived in Grub-street; that he sent his servant John Humphry out on the 13th of April, with a basket of bread and a pail in it; that the prisoner was brought to him the 13th of April, and a quartern loaf with him; that after some time, he told him the bread and pail was at a green-shop, in Bunhill Row; that he went and found them there, and knew them to be his property"

John Humphreys , servant to Mr. May, deposed, that on the 13th of April he went with bread up Red-cross-street; that he set his basket on the pump in Red-cross-street , with two half-peck loaves, seven quartern loaves, and a pail in it, and went back for two three-penny loaves that he had forgot; that, when he returned with the loaves, his basket was gone; that he went back again to his master's, and informed him he had left his basket; that he then went down to Rag-fair and Duke's-place; that, in his return, coming through Duke's-place, he met the prisoner with a quartern-loaf under his arm; that he knew it to be one of the loaves that were in the basket; that he stopped the prisoner, and brought him to his master's house; and then the prisoner said he had left the pail and two loaves at a green-shop in Bunhill-row.

The Prisoner, in his Defence, said that he came from Hackney to seek for a place; that he met a young man with a loaf under his arm; that he gave him this quartern-brick to carry to a butcher's in Shoemaker-row; that, as he was going there, he was stopped by Humphreys; and that he told him a man gave it him, who had left two loaves and a pail in Bunhill-row.

Henry Constantine . I am a warehouseman on Brewer's-key . I saw the prisoner come down out of the Buildings on the 31st of March, about four o'clock in the afternoon, with a handkerchief in his hand tied up; I stopped him, and asked him what he was going to do with it; he said it was a little rice for his own use; I charged the constable with him; I did not see him take it; I believe he got it out of the garret; our people were at work there; he is a cooper; he used to be employed about the rice-casks; he desired I would forgive him, and he would do so no more; I delivered him to the custody of Ward.

Thomas Ward . Mr. Constantine charged me with the man, and I kept the rice; he confessed he had taken the rice, and said he hoped Mr. Constantine would forgive him.

Prisoner's Defence.

I was standing on the Key. A cooper came and asked me to help him to cooper some casks of rice; I went, and the clerks were there; he asked them to give me a little rice; they did; and I received it coming down; Constantine stopped me; I said the clerks gave it me.

Q. To Constantine. Did he say so?

Constantine. No.

The prisoner called Cornelius Couse , with whom he had lodged three years; William Carr , who had known him twenty-two years; Robert Atton , who had known him three years; and Christiana Evans , his mother; who all gave him a good character.

Terence Relly . The prisoner came to lodge at my house on the 1 8th of October; between eight and nine o'clock in the evening he took a candle to go to bed; about ten minutes after he went up, I sent the girl to fetch the key down, that the prisoner might not be disturbed; she came down again, and told me the man and the bed were both gone; on Monday the 20th I found him at the King's-head in Holbourn; some of his friends were there; he informed me he had carried the bed and bedding to a house in Short's-Gardens; I went there about half an hour after, and found all the things there; they were in the room of one John Horn .

John Horn . I have a room in Short's Gardens. I have known the prisoner six weeks or two months; he told me he was going to buy a bed of a man that owed him some money; he brought a bed two days after that on a Saturday; the next morning we untied it, and he desired my wife to lay the bed on the bedstead, to be out of the way; I saw the bolster and blankets, the sheets and the covering. Terence Relly came on Monday; as soon as I knew what he came about, I told him there was a bed there; I shew'd him the things; and he said they were his property.

Prisoner's Defence.

Mr. Relly and his son came to the King's-head and took me up; they said, if I would tell them where the things were, they would

Mary Bruce . I am wife of Alexander Bruce . I lost the things mentioned in the indictment about the 9th of March; some were taken out of my drawers, some out of my press, and some out of my lodger's rooms; the prisoner was my only servant. The morning after she went away, my lodger missed a shirt; upon which I searched my things, and missed the things mentioned in the indictment. I gave intelligence to Mr. Spruce, a pawnbroker, in Coventry-court, in the Hay-market; he sent me word afterwards, that the prisoner had redeemed a shirt out of pawn; I found all the things in the indictment at Spruce's; she denied she had taken any thing from me.

John Greenwood . I am servant to Mr. Spruce. The prisoner pledged this bundle of things with us at different times. [The goods produced and deposed to by the prosecutor.]

James Smith . I am a pawn-broker. I had that shirt of the prisoner on the 25th of March; (producing it) I lent her three shillings on it. [The shirt deposed to by the prosecutrix to be her lodger's shirt that she had to wash.]

Prisoner's Defence.

I pawned them for distress, because all the time I lived there I could never get a farthing of wages; when I got my wages, I would have got them out; but she desired I would never darken her doors any more; I was eight months gone with child by one of the lodgers.

She called Sarah Creeves , who had known her five or six years; Margaret Knight , who had known her seven years; and Margaret Robinson , who had known her four years; who all gave her a good character.

Q. To the prosecutor. Is it true that she could not get her wages of you?

Prosecutor. She desired me to keep her wages for her; the day she went away I paid her thirty shillings.

381, 382. (1st. M.) SAMUEL ROBERTS and THOMAS BACCHUS were indicted for falsely, feloniously, and traiterously forging, counterfeiting, and coining one piece of false, and counterfeit money, to the likeness and similitude of the good legal and current money, and gold coin of this realm called a guinea, against the duty of their allegiance, and against the statute .

The 2d Count for coining a half guinea.

3d Count for coining a quarter guinea. Oct. 30th . *

The witnesses were examined apart at the request of the prisoners.

John Hall . I am a carpenter at Marybone; I receive Mr. Meake's rents there; I had the list of his tenants; among them was the name of Roberts, in Conway Court; Patten lived in one house, Robert's in the next; I saw Mr. Patten's wife every time I called, she told me Mr. Roberts lived at next door; I called several times and found nobody at home; I saw a little wooden place erected in the back yard; at last I got over Mr. Patten's wall into the yard; I took a board of the shed down, and I saw an iron machine there; this was some day in November last; it seemed to be dug about two feet into the ground; the building was about five feet square and nine feet high. I ordered a person there to let me know if any thing should be attempted to be moved, that I might seize for the rent; he came and informed me that the machine was about to be taken away; I went to the house; it was in the evening; I saw some of Ripley's the broker's men moving the machine into a cart; I asked them who they belonged to; they said one Ripley at Clerkenwell; I said they must put it back till the rent was paid; I broke into the front parlour, and in one corner of the closet I found these pieces of metal (producing some pieces of flated copper.) I left a man in possession.

Q. How much rent was due?

Hall. Three pounds ten; the premises were a dwelling house and a little yard; this shed was erected by himself. My brother brought me some bad money that he found there, and I gave information of it to Sir John Fielding the morning after.

George Wiggan . Roberts took a house of me in Conway Court, Marybone, which belonged to Mr. Meake; Roberts lived in it about a quarter of a year; I lived next door to him at that time; I let it him in the last spring, he agreed with me for three years certain.

Q. How long did he live in it?

Wiggan. I believe two or three months; I don't know the exact time when he went away; it was about six weeks after Midsummer; he was to commence rent at Midsummer, but he came in before quarter day.

Roberts. I was to have the house on trial till quarter day, then to have it three years certain if I liked it; when I came to it having a great family, and no water laid on, I did not like it; and Mr. Wiggan brought the agreement to me, and I would not sign it.

Q. How long did he stay in the house after he said he would consider of it?

Roberts. Six weeks or two months.

Cross Examination.

Q. Was there any agreement drawn up, and tendered to him to sign?

Wiggan. Yes.

Q. What reason did he give for not signing it?

Wiggan. He did not give any; he said there was some odd things to be done; I don't remember that he mentioned the water.

Q. How do you know he staid any time after that in the house?

Wiggan. I saw him there a month after Midsummer.

Samuel Hall. I lived with my brother John Hall; he sent me to this house to move some things in the parlour; I saw the engine there, and I found several pieces of money in the closets of that house, in three different closets; I gave them to my brother (produced by John Hall) some stuck under the shelf, and some were wrapped up in pieces of paper.

Cross Examination.

Q. Was any body with you when you found them?

Hall. Only the man that was in possession, he is not here. There are thirteen guineas and a half; I found one on the first closet over night; the next morning I found two pieces in the first floor, and the rest were in a piece of paper on the two pair of stairs; they were sticking in the lime under the shelf. The first I had I paid to Mr. Snow; I did not know but it was good money; it was returned back to my brother next day; I took it for a good piece, and paid it away. The two I found next morning, the yellow of them was a little wore off, and they appeared whitish. I went into the country at Christmas, therefore delivered them to my brother.

Council for the Crown. Do you recollect how many days it was after the engine was stopped before you found this counterfeit money?

Hall. I don't know.

John Hall. They were found the next morning.

John Ripley . I am a broker; Roberts came to my house in Castle Street, Turnmill Street, Clerkenwell, and offered to sell me a stamp, which he said he had bought to let out to a man; I asked him what it worked at; he said he did not understand it, but the man paid him so much per week for the use of it; he said it was in Conway Court, Marybone. He came by another time and said he had sold it to another man, and had received a guinea earnest for it; about a fortnight after that he called upon me again, and told me the man had not fetched it away, and so had forfeited his guinea; he said he would leave the key of the out door, and I might go and see it at any time, when it happened to suit me; as I said I could not go then, he left me the key; I went to the house one day and looked at it; it was I believe in November. I found the number according to his direction; the house was shut up, so I enquired at the next door, if that house belonged to one Roberts, they told me it did, and I opened the door with the key; I went backwards into a little shed, and the machine was fixed in the ground; I suppose there are hundreds of them used in London in different businesses. I locked the door and went home; I sent him word, I think it was to Bull-and-Mouth Street, that I would give him so much money for it; he came next morning and told me, I might fetch it away; I was to give him 5 l. or five guineas for it; I sent my men to take it down, I think on Saturday; my men worked there all day. I was sent for next day to Sir John Fielding 's, and informed him where the prisoner lodged.

Cross Examination.

Q. You say these sort of presses are used in a great many businesses; in what trades are they used?

Ripley. In the copper plate trade; in the silver trade, and a good many other different branches.

John Clarke . Hall came to Sir John Fieldings , I think on the 30th of November, and said he had stopt a press belonging to Roberts, and that he suspected him to be a coiner; for that in searching the house they had found some counterfeit money; he said Roberts was off, but we might find him by applying to Ripley; I went to Ripley's house, and after some discourse I told him my business; we went up to Roberts's house at Marybone; there I saw the stamp; I desired Mr. Hall the rent-gatherer, to put his mark upon it, that he might know it again; which he did. We took the stamp to Ripley's, and he sent to Roberts to fetch the money; I attended with some others there, from seven o'clock till almost eleven; Roberts's wife sent word that he was not at home, but she would send him if he came home in time, if not next morning. I went with three men early next morning to Roberts's when the milk man came we got into the house; I fixed Taylor and Phillips at the door; I sent Broadhurst up stairs, I staid below. In the beauset in the parlour I found a blank die; in the cellar, this puncheon in a basket. I then went into the garret, there I found a furnace for melting, with skillets and tongs; that is what the castors use to run their metal in; I found some crucibles, a pair of flasks for casting some gilding wax, what is used in gilding, and here is what we call colour for gilding; after having gilt the metal they put this upon it; it is to turn any thing that is gilt of a more yellow colour; here is what they call cast metal, it is harder than iron, it is what the Bath stoves are made of; it is almost as hard as steel (producing the several articles.)

Q. Is Roberts a lodger in the house? did you see any other family there?

Clarke. I saw another family in the two pair of stairs; Roberts was a bed in the dining room. Mr. Patten was apprehended on the 16th of November; and he gave information of several people concerned with him in making of money; among them Bacchus was one; he lived in Cross Street, Hatton Garden; I went there and he was out; I saw his wife, and I told her I must search the house, which I did, and I found these little bits of metal and a file (producing them); the teeth of the file appear as if it had been filing bad silver. I waited three hours there before he came home; I asked him how he did; he answered, you have got the advantage of me; I said I wondered at that; then I told him there was an information before Sir John Fielding against him for coining; I told him if he behaved like a gentleman, I would not tie him; he said he would. I told him I must search him; I took a letter out of his waistcoat pocket; whilst I was opening the letter, he snatched it out of my hand; I thought the letter must be of some consequence; I seized him by the collar and took it away from him again. I took the keys out of his pocket and opened his bureau.

Q. What did he say when you took the letter from him again?

Clarke. He said nothing but that he would behave well. I took him to the bureau side, and made him stand by me whilst I opened it; there I found these counterfeit 5 s. 3 d. (producing them) one is quite finished, one half finished, some of them are crooked: I gave Mr. Chamberlayne one that was finished; I put them in my pocket, and said, Mr. Bacchus, I must take them; he said you may, I found them in the street. I also found some silings wrapped up with the counterfeit money; it appears to be metal and silver mixed.

William Taylor . I was with Mr. Clarke and Mr. Phillips at the apprehending of Roberts, it was about nine o'clock on Sunday morning; he opened the room door, I told him I had a warrant against him for coining money; he said he was sorry for it, for he never was taken at a poorer time than he was then, for he had no money scarce about him; Mr. Phillips and I searched him: Phillips took a piece of counterfeit money out of his pocket wrapped up in paper.

Q. Did he say any thing when these things were taken out of his pocket?

Taylor. Nothing particular that I remember.

Percival Phillips . I was at the taking Roberts; he was in the one pair of stairs room; he opened the door in his breeches; after I stood there sometime, I told him I had a warrant against him for making money; he swore and said something, that this was the second or third time he had been hobbled on a Sunday morning; I searched him, and in his fob pocket I found this 5 s. 3 d. (producing a counterfeit quarter guinea) and I found this (producing a bubb) it fits a 5 s. 3 d. exactly.

Thomas Patten . I am a buckle-maker; I have known Roberts about fifteen months; he was a baker , as I have heard him say. I have known Bacchus about twelve months.

Patten. We call it a hubb; we use it to sink the impression in the dye; I have helped to make dyes with them.

Q. Have you ever seen either of the prisoners assist in making dyes?

Patten. I cannot say.

Q. If you don't know how they disposed of the counterfeit money, what profit had you?

Patten. So much in the pound.

Q. How much?

Patten. We had different prices according to the size of the pieces: we were paid by Roberts, and sometimes Bacchus's father.

Q. Have you seen Bacchus's as well as Roberts's coin?

Patten. Yes; I have seen them coin half and quarter guineas; I have seen Roberts coin guineas, but not Bacchus.

Q. Have you seen the stamp of a guinea stamped by them, upon any piece of metal?

Patten. I have seen Bacchus assisting, and I have seen Roberts turn the fly, to assist in stamping; I have seen Bacchus make half guineas in the same manner, at Marybone; the counterfeit money that has been produced in court, is like that we made.

Q. Have you seen them coin at any other place?

Patten. Yes; in Bull-and-mouth Street, at Roberts's.

Q. Who were concerned in coining there?

Patten. Cooper, Bacchus the father, the prisoner, Fuller and myself.

Q. Have you seen that press?

Patten. It was such a press as this we joined with, it being now taken to pieces; I cannot say whether it is the same.

Hall. This is the press that came from Roberts's; I set my mark upon several parts of it.

Cross Examination.

Q. When did you first give information against the prisoner?

Patten. When I was taken before Sir John Fielding .

Q. When did they coin at Marybone?

Patten. About June or July last.

Q. What part did you take?

Patten. Every thing in my turn.

Q. What kind of assistance did Bacchus give?

Patten. He edged and milled them.

Q. from Roberts. What part did I do in coining?

Patten. I have seen him help to stamp, to edge, and mill the guineas.

Mr. Yeo. I am an engraver in the mint.

Q. Can that hobb be made use of in the business of coining?

Yeo. This is the cast of an half guinea; the guinea is first moulded in sand, and in that mold they cast these of steel or iron, which has made the impression, being of a very hard metal; it is capable of making an impression in soft metal, that is the method we make dyes, ours are made stronger; but this will make the same impression.

Mr. Chamberlayne. I delivered Mr. Alehorne a piece of money that I had of Clarke.

Mr. Stanesby Alchorne. I am assay-master in the mint; I received from Mr. Chamberlayne on the last of December, a counterfeit piece of money, resembling a quarter guinea, which in consequence of my office he desired me t o try, in order to discover what it was made of, and what it was worth. Upon examination it was found to weigh 26 grains only.

Q. How much is that below the real weight?

Alchorne. Six grains. The surface appeared gilded, and on cutting, it looked silvery; on proper trial it was found to contain of fine gold seven grains, fine silver near fifteen grains, base metal above four grains; the value of the gold and silver together may be worth 16 d. or 17 d. and the piece was so well executed that it might easily have been imposed on any common observer for five shillings, and three pence.

Prisoners Council. None of the guineas were milled I believe.

Alchorne. No, none; the half guineas were and very well milled too.

The letter produced by Clarke, which he found in Bacchus's pocket, read, which is as follows,

Please to send me 4 pounds worth of Quarters four for one let them be bent or they will not do & please to send me four pounds worth halfs three for one let them be of the sort that you & I made agreement of when I was at your house & let them be according to our agreement or else I will never deal with no more I am the man that You bought the Silk for a Gown & send them to Bawtree Yorksire by first Coach to the Anchor for John Brockleburst send them soon enough to be there at Old Martlemass day which is in abt weeks time send them to pay on delivery if the Coach will take them and if it will not I will send you a bill don't fail sending them.

Council for the prisoner. The post mark on that letter is the 21st of November.

Q. to Mr. Parkins. What is the mark upon that letter, and where was it made?

Mr. Parkins. It was made at the General Post Office, Lombard Street; the figures are not very visible; I rather suppose it to be the 18th of November.

Roberts's Defence.

The house in Bull-and-Mouth Street is not my house; there is nothing in it mine, but my goods; the first and second floor only belonged to me; the other house was let on the 23rd or 29th of May, I am not certain which.

Bacchus's Defence.

That letter is a planned thing to bring me into trouble; I don't know who it came from.

Roberts. This engine belonged to one Cooper; I had orders to sell it to Mr. Bowyer, a button-maker in Moorfields. I am a baker by trade; I know nothing about making money, they have done it among themselves and want to throw it upon me.

For Roberts.

Wm. Bowyer . I am a button-maker; I believe I have seen that engine before Roberts had it; it belonged to one Richardson; Cooper and Roberts came to me about last Michaelmas and offered to sell it me.

Q. Who did it belong to?

Bowyer. I believe not any body in particular; the key was left with me a fortnight; I went to a house somewhere in Marybone, I don't recollect the direction, to see it.

Q. Had you the key of Roberts?

Bowyer. No, he had it of me.

John Swan . I am a blacksmith.

Q. Will that cast-iron make a dye?

Swan. No; it would break with the smallest knock; it would not bear to make an impression.

Q. Will that make a dye on hot iron?

Swan. No; I am sure it would not, it would break to pieces; if it was pressed down with a screw it would fly in pieces.

Q. If it was put on a piece of hot iron and worked with a screw, would it bear to be pressed upon?

Swan. I never tried it; I cannot say I know; it would not bear to be hit at all.

George Lane. I live in the maze; I am a brewer's servant; I have known Roberts two years; I owed him 2 s. 9 d. we went to the Rosemary-Branch

Thomas Hart . I am a bargeman in the country; happening to be in town last Tuesday sevennight; I met the prisoner on Ludgate-hill, about eleven at night; four other women were with her; they asked me to treat them with a glass of gin a piece; I agreed to it; I took them to a house and treated them with a pennyworth of gin a piece; three went away, but the prisoner and Lucy Sugar carried me to their quarters in Fleet Lane ; the prisoner asked me for some money to fetch liquor, on which I gave her a shilling; she asked me if that was all I had got; she carried it out, and brought some liquor back with her, but had not paid for it, for she brought the shilling back in her hand again; soon after she came into the room again, she put her hand into my right hand breeches pocket and took out two guineas.

Q. Was you sober?

Hart. I was pretty pertish, but was in my senses, and knew very well what I was about; I saw the two guineas in her hand; I had no other money in my pocket but the two guineas, a half guinea, and a shilling I had given her; I endeavoured to force the money out of her hand, I could not get it, and have never seen it since. I fastened on them both, and called out for the watch; I brought one down stairs in one hand, and the other in the other; the prisoner fell on me; she beat me and made my face all over blood.

Joseph Alderson . I am a constable; about eleven at night, on the 28th of April, I was out about my duty; when I returned, I found the prisoner at the watch-house in custody; the prosecutor accused her of having taken two guineas out of his pocket; on that I would have willingly perswaded her to return the money, but she denied she had it.

Prisoner's Defence.

He had given me a shilling for liquor; he forced my hand to get the shilling; that was the shilling he first gave me.

John Bartlet . I am servant to Mr. Field, an apothecary, in Newgate Street ; the prosecutor served my master with bread; I saw the prisoner take a loaf out of the basket, while it stood at our door; as he was going off, the shopman and I stopped him, and brought him back; he offered to put the loaf in the basket, but we refused, and kept him till the baker returned.

John Masingham . I am servant to the prosecutor; I set down my basket by Mr. Field's while I went to serve some customers, and returned in about ten minutes, and found the prisoner was in custody of Barklet; he said he was sorry, and desired to be forgiven; I know the loaf to be my master's property.

Prisoner's Defence.

There were two men standing in the street talking together, one of them sent me to fetch that loaf out of the basket.

Richard Walker . I and three more were set on two lighters, at the key, to watch them; on the 6th of March I saw the prisoner walking upon a lighter; he came to me and offered to give me some tobacco in my box; I told him I did not use it in that way; the prisoner went again to the lighter, and then I saw him come out of the lighter with some tobacco in a hand, he then rowed round towards Billingsgate; Mr. Brooks and I went to Billingsgate, and there we found the prisoner with the tobacco; he offered to treat us if we would give it up.

" John Brooks confirmed the evidence given by the last witness."

Prisoner's Defence.

I was not on board the lighter; the tobacco was given me at Billingsgate, as I came on shore from a board a ship, by a man that had the misfortune to be drowned that evening.

Ann Plummer . I am wife of Richard Plummer ; I keep a chandler's shop, in Peter's Lane, near Hickes's Hall ; on the 21st of February, between seven and eight at night Wm. Kenderick came through the shop, into a little room where I was ironing, and asked me to lend him 6 d. I said no, I would not, (he had been before and left a saddle; he said he had been in Smithfield and sold a horse) then he went out and brought in one James Stain , who said the saddle was his; they took the saddle and went out, and then in some minutes they both came in again, and wanted a girt. so I told them the girt lay there; they stopped and had a little argument; they went out and came in again, and wanted something else that belonged to the saddle, the cir-single, and wanted the light to find it; one looked about under the chair for it, and the other run away with my things; I missed a gown, a shift and a pair of linen sleeves. I had an iron out of the fire to iron my shift. His father and mother lived at next door; I went and told them what they had done; they were surprised, but did not say much; the constable took the prisoner and found the things out; I saw the things first at justice Girdler's, the Friday after (produces a sheet, a towel, a shift, an apron and a rag) I know them to be my property.

Richard Geering . I am servant to the keeper of New Prison; I found a sheet at Elizabeth Smouk 's, Jacob's Court; the apron at a pawnbroker's the corner of the court, and the shift at another pawnbroker's. Welch was with me when I found the things; we took them from an alehouse on Saffron Hill.

James Stains . Kenderick and I were together, we had a saddle, and left it at her, house; we went again and took two sheets, two pillow biera, two towels, a shift, a gown and an apron; then we went to Mrs. Smouk's, in Jacob's Court, and got her to pawn a linen sheet and an apron for a shilling a piece, at St. Giles; we sold a sheet, a pillow bier and a gown.

John Tidnure . I am a constable of Clerkenwell; this woman came to me and said she was robbed; I went to Saffron Hill and took Kenderick and Stains.

Hugh Wallis . I took in the shift of Elizabeth Williams .

Stains. That is Mrs. Smouk.

Kenderick's Defence.

I was going home and met Stains; I was in liquor; I know nothing about it.

Kenderick called Samuel Lunt who had known him four years; John Griffiths three years; Wm. Cocksitter between four and five years; James Kenderick , his father, who said he put him to a trade, and never knew any bad transaction of him before this; James Knight , who had known him three years, and John Spur three years, who all gave him a good character.

Wm. Fencock . I am a waterman , I lost the things mentioned in the indictment, out of my boat at Hungerford Stairs , the 2d of March. On the 6th of March I saw the prisoner with my waistcoat on, sitting and he shammed sleep; I waked him and asked him, how he came by that waistcoat; he said what is that to you; I said, ah Tom, I did not think that of you.

388. (2d. M.) THOMAS WALSAM was indicted for breaking and entering the dwelling house of Rachel Croffts , on the 27th of April , about eleven in the night, and stealing one linen apron, value 2 d. one cloth cloak, value 2 d. and one crape gown, value 4 d. the property of Rachel Crofts in her dwelling house . *

William Morris . I live at Poplar ; on the 8th of April, I had a good deal of linen hung up in the garden to dry; a neighbour came about one o'clock, and said a man had stole a gown; I run out and took the prisoner; he was crouched down by an old barn joining to the garden, with the gown under him to hide it; (the gown produced and deposed to by the prosecutor.)

James Thornton deposed, that he saw the prisoner take the gown from the line, which he immediately informed the prisoner of.

390. (2d. M.) JAMES GAM was indicted for stealing six sheep skins, value 6 s. the property of John Ewer , March 19 . *

John Ewer . I am a farmer , and live at Pinner ; on Thursday the 19th of March, I missed six sheep skins, from my cow-house; on the Tuesday following, I went to Watford, and there I found some of the sheep skins, at Mr. Charles Urwin 's; he came on Monday to my house, and gave me intelligence that he had them; he is a sell-monger; I went with him to Watford; I saw the skins there; I know they are mine; they have my mark on them, that is I E. We took the prisoner on Tuesday morning at Pinner; we asked him how he came to do so; he said he was sorry for it, and that he was in liquor.

Charles Urwin . I am a sell-monger at Watford; the prisoner brought half a dozen of skins to my master's to sell, and I bought them of him on Friday morning; they were marked again with a bran mark I E; we call a pitch mark, a bran mark. I gave him 9 s. 4 d. we had been used to buy of him; I said it is a long while since you brought any; he said he had been ill. When he was taken, he confessed he stole them out of the cow-house.

been landing a large cargo from Ireland; whilst I was standing on the Wharf, the cooper's boy came, and told me one of the men had gone away with a cask of butter; we both ran after him, but could not find him nor the cask; when we came back, the boy said he should know the man again; about half an hour after that, by the description he gave us, we found the prisoner in a public house at St. Katharine's; we took him before the justice, where the boy swore to him.

George Row . On the 20th of March, I saw the prisoner come out of the gate-way that goes to the wharf, with a cask of butter on his back; he had a red waistcoat on, with two patches behind, and a slouched hat; I went and told Mr. Beal of it; the next time I saw him was before Justice Sherwood, on Monday; I knew him to be the man that stole the butter.

Q. Was the butter found again?

Row. No.

David Davies . I was standing at a relation's door on Friday, and saw the prisoner go by the door, with a cask of butter on his back; he was very much disguised in liquor; about half an hour after Mr. Beal's father made enquiry after the butter.

Prisoner's Defence.

I know no more of it than the child unborn.

He called Thomas Jones , Samuel French and Robert Coe , who all gave him a good character.

396. (1st. L.) REBECCA the wife of SAMUEL FIRTH was indicted for stealing two fustian coats, a woolen cloth waistcoat, eight stuff gowns, six stuff petticoats, one silk cardinal, two cloth coats, two linen shirts and three linen handkerchiefs , the property of Peter Southey , March 30th . ||

Peter Southey . I suspected the prisoner because she was an acquaintance of my wife, and used to be frequently backwards and forwards at the house. I got a warrant, searched and found in her lodgings some of the things; and at two different pawnbrokers all the rest of the things mentioned in the indictment.

Two pawnbrokers produced several of the articles, which they deposed were pledged to them by the prisoner.

The prisoner in her defence said, that the prosecutor's daughter, who is about thirteen years old, brought her the goods to pawn; she was told she might have the child examined, as she was in court, which she declined.

The prisoner called eight witnesses, who all gave her a good character.

400. (1st. M.) DANIEL THORN was indicted for stealing fifty-six yards of printed cotton, value 4 l. the property of John Witts ; the said cotton being laid, placed and exposed to be whitened, in a certain bleaching ground , Jan. 2 d . ++

John Witts . I am a callico printer , and have a bleaching ground in Upper Clapton, in the parish of St. John, Hackney . I missed two pieces of printed cotton from the field the 2d of January. containing fifty-six yards; a few weeks after that, one of my servants informed me, an acquaintance of his had bought some printed cotton at Uxbridge very cheap; I sent two people with warrants to search the house of the person who I was informed had some pieces; these are my pieces; (producing several pieces of cotton) there were never any printed of that pattern; and they are not finished; they were not in a saleable condition; they were cut into several parcels; they amount to within two or three yards of what I lost.

Cross Examination.

Q. You say you knew them from the pattern; had they marks on them before they were out of your possession?

Witts. Yes; the king's certain number, and my own name.

Q. May not other patterns be similar?

Witts. Yes; similar, but not exact; I never heard of such a thing.

Sarah Baldwin . I am a mantua-maker, and live at Uxbridge; I bought the cotton the first Friday of the new year of the prisoner; he brought three pieces of cotton; he asked me if I would buy a gown, I said I did not want it; he asked me to let him leave two, while he carried one to a customer; in his absence an acquaintance came in, and asked the value; I said he asked 2 s. 9 d. she said she thought the full value was 2 s. when he came back I told him; he said he sold none for less than 2 s. 9 d. when he came to open them, they were very much daubed on the wrong side; I asked how it was occasioned; he said, his feet were sore, that he got a lift on a dray, that his bundle lay between two barrels, which purged up and daubed them; I gave him 28 s. for fourteen yards; one piece had eight yards, and he tore off one yard from another piece; he said his name was Daniel Thorn , that he came from Staines, his father was a foreman of the printing yard; and when work run short, he made goods himself, and then hawked them about; these are the two pieces, I wrote my name on them.

Elizabeth Rickman . I recommended Mary Stone to buy some of this cotton; she gave 2 s. 2 d. a yard; he asked more. He represented himself as a maker, and lived at Staines. He said he formerly kept the Turk's head there. These are the six pieces I paid him for at my own house; I gave them to the buyers.

Joseph Milward . I am a callico printer, and servant to Mr. Witts; I know these pieces to be his property; they were lost from Mr. Witts's bleaching ground, on the 2d. of January. I know them by the pattern; I printed them myself; never any went to town of it before; none of that pattern had been sold. I went to Justice Fellows, at Uxbridge, and told him the affair; he granted me a search warrant, to search Mrs. Rickman's house; she cried and seemed almost out of her senses; she went to the justice's, and told him, she had sold them to these people; I marked the names of the people as they brought the goods into the justice's. I found the prisoner at Staines; he was waiting there to fight a cock; I told him I had a warrant against him, for selling of goods at Uxbridge; he said he would go along with me to clear himself. I spoke to the man at the inn for a chaise to go to Uxbridge; he would not let me have one. I sent for a constable; then the prisoner said, I don't know what reason you have to keep me; he said he would go make water; he ran in the yard and I followed him; he endeavoured to throw me down, I kicked him up several times; there were many people; they rescued him. Presently the man came

Q. How long was it from the time you went to the house, and saw the prisoner, till you acquainted him you had a warrant?

Milward. About an hour and a half; I shewed him a piece of the pattern; he denied he knew any thing of it, and always did deny it to the last.

Prisoner's Defence.

I leave it to my council.

He called John Knox who had known him twenty five years; Isaac Blunt who had known him between six and seven years, and Richard Windsor who had known him upwards of twenty years, who all gave him a good character.

401. (2d. L.) JOHN VESTENBURG was indicted for feloniously forging an order for the payment of money , on the 21st of October, 1765 , in the words and figures following,

London, 21 Oct. 1765.

No. 6945 R.

To the cashiers of the bank of England. Pay the honourable Thomas Walpole . or bearer, four thousand five hundred pounds, for

Joshua Van Neck and Co.

4500

with intention to defraud the Governor and Company of the Bank of England , against the statute, &c.

2 d. Count for uttering the same, on the said day and year, with intent to defraud the said Governor and Company.

3 d. Count, the same as the first, with intention to defraud Sir Joshua Van Neck , Thomas Walpole and Daniel Olivier .

4th Count the same as the second, with intention to defraud the said Sir Joshua Van Neck , Thomas Walpole and Daniel Olivier .

Owen Gething . I am a clerk in the bank; I am in the drawing office; that is the office where the running cash of the merchants is kept; this draught was presented for payment on the 21st of October, 1765; I believe in the forenoon.

Q. Do you remember the person who presented it; should you know the man if you saw him?

Gething. He was a middle sized man; I cannot be positive to his person; I gave a ticket to the person for particular bank notes, according to his request, to the amount of the bill; I have here a memorandum of the bills.

Council for the prisoner. What did you take the memorandum from?

Gething. From another memorandum taken by another clerk.

Q. Where was the ticket put that you gave for the particular notes?

Gething. It was put on the file of course.

The draught read.

London, 21 Oct. 1765.

No. 6945 R.

To the cashiers of the bank of England. Pay the honourable Thomas Walpole or bearer, four thousand five hundred pounds, for Joshua Van Neck and Co.

Q. How do you know this is the draught that was presented for payment?

Gething. It has my mark upon it.

Charles Jewson . I am a cashier in the bank, and was so in the year 1765.

Q. What way is the account kept between gentlemen who keep cash at the bank?

Gething. There is an office called the drawing office; every gentleman that keeps cash at the bank, has a book of debtor and creditor, when he pays any money, it is of course entered by a proper officer. It is common to draw drafts upon printed checks which we give them.

Q. How are the checks delivered out?

Gething. We have them in books, a thousand in a book, which runs alphabetically; when one book is out, of course we begin the next letter; the checks are so cut out, that they tally with what is left; when any person wants checks they send their book to the discount office, and the proper officer delivers the checks, as they have occasion for them.

Q. I believe you know that Sir Joshua Van Neck and Co. kept cash at the Bank in 1765.

Gething. I do; the Bank had at the time of presenting the forged draught 25000 l. in cash on their account.

George Hall. I am one of the tellers at the bank; I paid this note on the 28th of October 1765. (Producing a bank-note of 500 l.)

James Ayres . I paid this note at the bank on the 23d of October 1765. (Producing a banknote of 400 l.)

Q. What name is wrote upon it?

Ayres. Jacob Bourne , Piccadilly.

William Hodgkin . I am a teller at the Bank; (I paid these six bank-notes, producing them,) one for 1000 l. I paid, I think, on the 29th, four for 500 l. each, and one for 600 l. that I paid on the 30th; it was before one o'clock.

Q. To what sort of a person?

Hodgkin. He seemed to be an outlandish man. He did not seem to be very quick at telling money, he told one parcel of it which he took away, and said he should come again for the other; I told him we had a porter that could take it home for him; he said I am only going to the compting-house, and shall be back before you go to dinner; he came back again in about a quarter of an hour for the other money, which he took up without telling. I said, do not you tell it? he said, no; it is right enough, you are generally right.

Cross Examination.

Q. How much had he the first time?

Hodgkin. Sixteen hundred, and came again for the thousand.

Q. Do you think you should know the man again that you paid the money to?

Hodgkin. It is a long time ago; he wore his own hair, and spoke broken English.

Solomon Jones . I am in the discount office at the Bank - that is the office in which checks are delivered out; (takes the forged draught in his hand) this check, upon which this is drawn, was, with 29 more, delivered by me, on the 5th of October 1765, the numbers I delivered out were 6920 to 6950, both numbers inclusive.

Q. Was the bank-book produced at that time?

Jones. Yes.

Cross Examination.

Q. Did you see any part of the inside of it?

Jones. I did not; I looked on the back, and saw Messrs. Van Neck and Co. Bank. and returned it again.

Q. Do you believe that to be the Book? (shewing the witness a Bank book.)

Jones. I believe that to be the book.

Council. The word Messrs. is not upon the back.

Q. What sort of man was it that received the Checks?

Jones. A tall gentleman.

Q. What was the account you gave in the year 1765.

Jones. That as the person went out of the office, I said, there goes a genteel clerk.

Q. Did you ever go so far as to say you knew who the person was?

Jones. I said, at that time, that I thought it was the prisoner.

Court. Do you think so now?

Jones. I have no satisfactory reason to the contrary.

Q. After your information Mr. Vestenburgh was discharged?

Jones. He was so.

George Barnard Discour . I have been in Sir Joshua Van Neck 's compting-house 12 years.

Q. Abstracted from all these circumstances, what should you have thought of the name if you had seen it upon a blank paper?

Discour. I should have thought then that it was Mr. Olivier's hand-writing.

Isaac Russia . I am clerk to Messrs Van Neck and Co. I do the out door business. I was with them in the year 1765. I fetched the checks from the bank, I always had 50.

Q. What do you do with them, when you receive them?

Russia. I separate them with scissars, and then put them in the drawer.

Q. Had any person in the compting-house access to them then?

Russia. Yes;

Q. Where was the company's book kept?

Russia. In a desk, and sometimes in the store-room, but still the clerks might have access to it; that I believe is the book that belonged to the house, I always took it with me when I went to receive any checks.

Council. Look at that draught, does the signature imitate Mr. Olivier's hand-writing, is it his hand-writing?

Russia. I rather think not, because the draught is filled up with another hand-writing; I took that account at the bank and a note for 500 l. the ballance they gave me in a note, that there was but 500 l. when I came back with this draught in the box, I said it was not Mr. Olivier's writing. Mr. Walpole being abroad at that time, I am certain he came back soon afterwards.

Q. How long had he been abroad before, a month or more?

Russia. Yes, I believe so.

Q. Can you tell when you left the book to be ballanced?

Russia. I think about the beginning of November.

Cross Examination.

Q. Your only reason for not supposing it to be Mr. Olivier's hand-writing is, the body of it was filled up by a stranger, and not by any body in the house?

Russia. Yes.

Council for the Crown. Is it like his?

Russia. Mr. Olivier generally writes larger.

Q. What is your opinion on the signature without the body?

Russia. I could not take on me to swear; it really represents it very much.

Q. But what is your opinion, whether it is or is not, in truth, merely by looking at the signature?

Russia. It imitates it so much that I could not take upon me to say.

Council for the Prisoner. Then you had no other reason, but only it's being filled up with another hand, then nor now?

Russia. No.

Q. Did you, on the suspicions you entertained of this draught, take any account of the checks, drawn or undrawn, and compare them with the checks you had fetched from the bank?

Russia. I saw several checks in the drawer not used, and compared them with this, and this is a different letter and number from any I fetched; we looked immediately in the drawer they corresponded letter and number, but this was quite a different number.

Council for the Prisoner. Was it not customary to leave this bank-book at the Bank for a considerable time together?

Russia. Two or three days, perhaps, only to be balanced.

Council for the Prosecutor. But it was never left when you went for checks?

Russia. No.

Q. to Jones. You said, you delivered the checks to a genteel man; is this witness the man?

Jones. No, he is not.

Q. You know this man Russia?

Jones. Yes; I have delivered to him checks. I have seen him there for checks.

Q. Have you ever seen any other of Sir Joshua Van Neck 's clerks there for checks except at this time?

Jones. No.

Q. What were the checks you last delivered for Sir Joshua, previous to October?

Jones. There were 54 checks delivered to Van Neck and Co. on the 22d of August, from Q 151 to 205, both inclusive, in the letter Q.

Q. to Jewson. Have you any book of settlement of account with Sir Joshua, after the discovery of this imposition?

Jewson. At the bank we have.

Owen Gething . This is the original ticket I wrote out, for the bills to be made out for the draught of 4500 l. (it is read)

Benjamin Sabberton . The notes were given to me; these notes are all my signing.

Q. Were they signed in consequence of that paper?

Sabberton. Yes; and to the amount of this sum; we never examine the tickets, only sign the notes.

Council for Crown. They are all on the 21st of October; and all made payable to the Hon. Thomas Walpole .

Q. to Jewson. I understand the Bank took credit for the 4500 l. paid on this draught.

Jewson. On the 21st of October, they charged this money on the account, being paid to Sir Joshua Van Neck and Co.

Q. Does that book go to February?

Jewson. Yes; on the 22d of February, here is credit to Sir Joshua's account for 4500 l.

Q. Then the money was replaced, the Bank took it on themselves.

Jewson. It was repaid to Sir Joshua's account as appears by this book.

Council for the Prisoner. Do you know that was on account of this draught?

Jewson. I do not know that, that must go into a common cash account; from thence it goes into the drawing office.

Q. What date is that account?

Jewson. The 22d of February 1766.

Q. Do you know whether any money was paid that day by Sir Joshua?

Jewson. It does not appear so by the ledger.

Q. What did you make that entry from?

Jewson. The general cash book.

Q. Is that general cash book here?

Jewson. Yes; (produces it.)

Thomas Perryman . I was a waiter last January at the Antigallican coffee house, behind the 'Change. On Wednesday, the 15th of January last, about half past eight in the morning, one Mr. Wood came to the coffee house; he sent me to Mr. Walpole's, the banker in Lombard Street, for some checks, in the name of Mr. Oliver; the clerks said Mr. Oliver never sent for checks without a written order, unless he sent the book; and they refused to let me have any. I went back to Mr. Wood, and informed him of what the clerks had said, and desired he would send his name in writing: I gave him a slip of paper, and he wrote upon it - Oliver.

Council. You must not relate any thing that passed respecting Mr. Wood, but come immediately to what you know respecting the prisoner.

Perryman. Upon Wood's being detected in the forgery, Mr. Bourne, Mr. Walpole's partner, sent me to inform Sir Joshua Van Neck of it. A thought came into my head, that if I went to Mr. Wood's friends, it might be a means of saving his life, as well as what might happen here; accordingly I went to Mr. Vestenburgh; the servant told me he was not stiring; I told him, I must see Mr. Vestenburgh upon business of the utmost importance; the servant carried the message up to his master, and brought word down, that I must go up; I went into his bed chamber; he jumped up in his bed and rested upon his arm, and said, waiter, what is the matter! I said, Sir I am afraid Mr. Wood has committed a forgery; Mr. Vestenburgh said, it is impossible! my God, it cannot be! I said it appeared too plain; I said if you will come and give him an item in Dutch to destroy the draught, it may prevent the consequences; then I went to Sir Joshua's.

Q. Did Mr. Vestenburg go to the coffee house?

Perryman. I cannot tell.

Q. Did you ever see him at the coffee house afterwards?

Perryman. I cannot say I have, though he might come in and out.

Q. He came very often before I believe.

Perryman. Yes; sometimes two or three times a day.

Rev. Melchor Justus Vanhessen. The same day that Mr. Wood was taken up, Mr. Vestenburgh came to me at my apartments, No. 51, Threadneedle Street. I said what is the matter with you, you are so pale? he said he was frightned out of his wits, by a message from a waiter at the Antigallican coffee house; who told him that Wood had done a bad action, and that he was frightened for Wood; he said he had been at the coffee house; I asked him what he did there; did he speak to him? he said no; he asked me to interest myself in it; I said I would have nothing to do with such an affair, so begged to be excused; I told him I did not like Wood, and I wished he had never been acquainted with him; I said why do not you apply to his friends; he said he is your countryman, and you have a tender heart.

Q. Did he appear under any extraordinary agitation?

Vanhessen. No; he appeared pale. On the next day (Thursday) I was invited to dine at a certain Tavern in St. James's Street; I went in

the afternoon; the prisoner was there; the conversation fell upon Wood; Vestenburg appeared to be very uneasy, and wished he could lend him any assistance; and then he proposed writing a letter to his father; then he said the mail might be retarded, and proposed going over himself. I thought that the greatest friendship he could shew him, and the company present approved of it, was that he should write a letter to Wood, to acquaint him of his intention of going and doing him all possible friendship; and he wrote a note for a post chaise. I did not see him any more.

Cross Examination.

Q. I believe you have known Mr. Vestenburg some years.

Vanhessen. About eight years.

Q. Were not Wood and he townsmen abroad?

Vanhessen. I believe so: I have heard them talk so long ago.

Q. What character does Mr. Vestenburg bear?

Vanhessen. As far as I know he is honest, and very charitably disposed.

Anthony Tenbrooke . Mr. Vestenburg called upon me at Mess. Muilman's compting house on the 15th of January, between nine and ten in the morning, and desired me to come to his house; I went the same day, when he told me, that Mr. Wood had forged a draught; I said I hoped it would turn out to be not true; I believe I said it was likely that this might revive the affair in 1765.

Q. Did any thing strike you at that time?

Tenbrooke. No; not till he was called for, and was missing, then, upon recollection. I thought I did observe a confusion; I thought he was not in his usual manner of behaviour; he seemed to be disturbed.

Q. Did you receive any letter from him?

Tenbrooke. Yes, and there was a letter enclosed to Mr. Wood. I threw them both into the fire, after Mr. Muller and I had read them.

Q. Had you any particular reasons for throwin them into the fire?

Tenbrooke. No; only that I would have no concern in so scandalous an affair?

John Hodges . On the 15th of January Mr. Vestenburg sent me a letter, desiring me to meet him at the Standard Tavern, which I did; he immediately spoke about Wood, how improperly he had acted; he seemed disappointed that my other brother and Mr. Vanbeffen were not presents from thence we went to the St. Alban's Tavern; we bespoke dinner there for the next day. Mr. Vestenburg went with us to our house at Islington, and staid there all night, as he had often done; we went to the St. Alban's the next day; the prisoner and my brother Nathaniel came together, and my brother Joseph and I went from the Change; and Mr. Vanheffen was there; the prisoner proposed going to Holland to Wood's father; we went from the tavern, to Mr. Vestenburgh's house in Austin Friars. I think a message was sent to order a post chaise in the Borough.

Q. I believe you was to be his correspondent while he was abroad.

Hodges. Yes; he had many disagreeable places to pass; we were to hear from him when he came to where he was to stay; he was to direct for us by agreement, by the name of Capt. James Shirley , at Garraway's coffee-house.

Q. In what name was you to direct to him?

Hodges. In his own name I suppose; no other was mentioned; he wrote two letters while we were at the St. Alban's Tavern, one to Mr. Wood and one to Mr. Tenbrooke; he desired to have them copied when he came to his house in Austin Friars; I copied part of them in his presence; I gave the copies up at the Mansion-House.

Q. Did you receive any letter from him, directed for you by the name of Capt. James Shirley ?

Hodges. Yes, one letter; I delivered it to Sir John Fielding unopened.

Court. How came it to be agreed that you should be directed to under the name of Capt. James Shirley ?

Hodges. He said going away at this particular time would cause suspicions that he was concerned in Wood's forgery, therefore he said if any suspicion should arise, probably the letters directed to his friends would be stopt.

Joseph Hodges . Upon my return home on Wednesday the 15th of January, I understood that Mr. Vestenburg was a bed at my house; I saw him the next morning at breakfast. I found there was an appointment to meet at the St. Alban's Tavern; my brother John, Mr. Vanheffen and myself went there; after dinner we talked off Mr. Wood's affairs; Mr. Vesteburgh said, he could not assist him with money, or to that purpose, but that he thought he could assist him essentially by seeing his parents.

Q. Was any reason offered why he should go by Dover rather than Harwich?

Hodges. The winds were against his passage from Harwich.

Q. Do you know any thing of two letters having been wrote, and afterwards copied?

Hodges. I assisted, I believe, to take part of the copies.

Q. Please to look at these papers.

Hodges. These are the letters.

Copy of the Letter to A. Tenbrooke read.

Dear Sir,

Since last Wednesday's conversation about our acquaintance's distress, I have been thinking of what service I could be to him in his distress, and after advising and consulting several friends, I cannot think of a better method than I have taken: you will perceive I have taken in the inclosed letter, which I should be glad you would deliver to our friend. I am acquainted, that some of the Old Bailey solicitors are the most proper persons to be consulted in this matter, if 8 or 10. guineas should be wanting in that manner, I shall be accountable to you for that sum.

I shall see you as soon as possible, as I shall stay but a very short, time at Helvost.

I am, dear friend, your's, &c.

J. V.

Pray mention nothing to Groneveld about it, you know why.

Q. to Mr. Joseph Hodges . Was the original letter signed, J. V. or at full length?

Joseph Hodges . I think at length.

The Letter, directed to Mr. Thomas Wood , read.

I am hardly recovered of my surprize of last Wednesday; unluckily I came a little too late to immediately assist you, however, I went directly to proper friends for advice, I did not meet with that success I expected; but, in the mean time, have neglected nothing for your good: my now pecunary circumstances exclude my being so forcibly your friend as I could wish, but I am determined to use the last effort of an old acquaintance and townsman. I have found from later information, that your case is far from being desperate, and though criminal, admits of many advantageous objections provided that you will take proper advice, which I hope you will by no means neglect: now as my affairs will not admit of my giving you any direct assistance with money, I acquaint you that I am gone over to your father to acquaint him verbally with your unfortunate circumstances, and persuade him to do all in his power to save you from this predicament, which I would have done by letter, did I not know what little attention he would have paid to it; this letter is under cover of Mr. Tenbrooke he was one of the first friends I spoke to about you, I make no doubt but he will be of service to you, at least, in recommending a capable person to assist you; I myself have frequently profited in my last troubles of his, and am persuaded his intentions are good. As soon as I see your father you shall hear from me, in the mean time, I hope my personal appearance for the good of his son, will have the desired effect on the heart of the father. May heaven afford you true courage, suitable to your present lamentable situation, and an happy extrication from it.

Directed to Mr. Thomas Wood .

Council for the Crown. Here is the order of the Governor of the bank, directed to the cashiers for re-instating, Sir Joshua Van Neck and Co. in the 4500 l.

Mr. Robert Lewes . I have seen Mr. Whallis write many times; this is his hand-writing.

(It is read.)

"To the Cashier of the Bank of London,

"Feb. 22, 1766. Pay to Sir Joshua Van

"Neck, Bart. and Co. four thousand five hundred

"pounds, to replace the like sum drawn

"from their account by a draught, which they

"say was forged.

John Wheelars , Gov.

In consequence of this the money was paid.

The entry in the book corresponded with the above order.

The Honourable Thomas Walpole.

Council. Please to look at the signature to the draught, and inform the court, whether it is your's, Sir Joshua's, or Mr. Olivier's?

Mr. Walpole. It certainly is not mine, for I was abroad at that time; it is not Sir Joshua's; it is a strong resemblance of Mr. Olivier's, but I believe it is not his writing.

Sir Joshua Van Neck . This is not my hand nor Mr. Walpole's, it is meant for Mr. Olivier's, but I believe it is not his, he writes in larger characters when he signs.

Cross Examination.

Q. Do you form your judgement that it is not Mr. Olivier's only from his signing larger?

Van Neck. Yes; and there was no object for that draught in all our business.

Q. It was enquired into in 1765 I believe, and the unhappy man at the bar, though he

had been suspected, still had the happiness to be continued in your office?

Van Neck. He was; after his examination at Sir John Fieldings , I was guided in my opinion by their's.

Q. You gave him a certificate, signed by yourself, I believe, when he left your house?

Van Neck. He came to me at my house, at Putney, he complained of having been discharged by Mr. Olivier, and desired me to give him a character, which on account of his having lain under these imputations, I gave him fuller than usual.

Q. Please to look at that paper.

Van Neck. The signature to it is mine.

Daniel Olivier , Esq;

Q. Is that your hand-writing, or do you believe it to be the hand-writing of Sir Joshua or Mr. Walpole?

Olivier. Certainly it is not my hand-writing, and I verily believe it not to be the handwriting of Sir Joshua, nor Mr. Walpole.

Q. You do not give your clerk any authority to sign your name?

Olivier. No; none of the house.

Council for the Crown. My Lord, we will read a letter Mr. Hodges received from the prisoner, by the fictitious name of Shirley. (The letter shewn to Mr. Hodges.)

Q. Do you believe that to be the prisoner's hand-writing?

Hodges. I believe it is; I am acquainted with his hand-writing.

John Clark , produceth another letter.

Mr. Hodges. This letter I delivered unopened at Sir John Feildings ; it is the prisoner's hand-writing; it was directed to me by the name of Captain Shirley.

The Letter read.

Dear Friend,

I arrived at Dover at 2 o'clock I had a most terrible cold night and a great snow if I had set out from London at 4 in the afternoon it's likely thro' the darkness I should have been burryed under it on this side Canterburry The Boat cannot possibly set of to night but are in hopes of tomorrow morning if the weather is in Flanders as here I make a doubt if I can get a cross the country in 8 days if at all for in same places no stages can go at least by way of Dunkirk with this snow that one is obliged to go amasing way about or walk a dozen or 2 miles You cannot write to me but by next Tuesday's post I write the direction at bottom it will be very difficult to make your letters meet us with any regularity as it is impossible for me to calculate the time I shall be at any particular places however this first Letter from you I shall take care to receive I shall write you further by the first opportunity the Boat is waiting for my Letter Adieu my Dear friend and remember me to all friends - God bless you.

J. V.

Mr. Russell. I was employed by the governor of the Bank to pursue the prisoner; I apprehended him at Dover. The landlord of the City of London inn, gave me this Letter (producing it) at the time when I took the prisoner.

- Payne. I delivered a letter to Mr. Russell, that was left at the bar by the prisoner, being too late for the day's post.

Friday 6 oClock

Dear Friend,

Just a little before 3 oClock I wrote you a few lines since I recollect the P. S. was forgot however it happens not to be of any material consequence as this will reach you a Monday and in course time enough for Tuesday Evening to prevent nevertheless a second neglect it's as follows

To Mr. Jan Vander Voght in Swinshoosd at Dordreght Holland

in Case my Arrival should anticipate your Letter care shall be taken that it reaches me as soon as time and place will admit of. It's a pity we did not determine this point more exactly for in crossing the water and traversing the country it is impossible to six within three or four days my receiving any of your favours besides in France and Flanders and the Garrison'd Town of Holland names are punctually registered in and out in commerciall and large Towns I am too well known by somebody or another and consequently is resquing some disagreeable trouble therefore it will be necessary for me to endeavor to six upon another more convenient place mean time I am in great expectation of a circumstantial account till Tuesday 21 next

I am amazingly tired and am going to bed immediately we propose to go to morrow by times should any thing occur shall add it to the P. S. pray receive my acknowledgements of your and your familys friendship towards me kindly, and remember me to Mr. Vanbeffen and Mrs. Fielders and all enquiring friends Bon Seir Mons. Le Capitains & Mon Ami Jean.

I shall take the Liberty to trouble Mrs. Fr. - about some of my domestic Affairs mean time should Molly want some of her advice beg she will be kind enough to assist her.

Saturday morning 6 oClock the Captain has just call'd us we must be a board in an hours time adieu

Payne. Yes; he had been at my house, and was gone on board the packet; he was brought back again; then he sent for me into a back room, and desired I would endeavour to let him escape, by putting him into some hole or place, that was his words; he said, he imagined Mr. Russell would not take him back with him; he said he observed Mr. Russell and the gentleman that came with him, wink and laugh at each other.

William Okeley . I acted as constable at the door of the City of London inn, while the prisoner was in the fore parlour; I saw him come on shore from the packet, with Mr. Russell and another gentleman; he went into the fore parlour at the city of London; there were the mayor, Mr. Russell, and several others present; I went with him to the vault; he came into the back parlour after Mr. Payne; he opened a door that went into the stable yard; I told him he must come this way, and so brought him back.

Q. to Payne. Had the prisoner been charged with any thing in particular?

Payne. I cannot tell.

Elias Hardy . I informed the governor of the bank of the purport of a conversation that I held with Thomas Wood , a prisoner in the Poultry Counter; he mentioned Hernpeck's knowing something of this matter, and gave me his name on a piece of paper, and said he lived at Amsterdam.

Q. to Jones. Where did you take him?

Jones. We took him out of the packet; he asked by what authority; I told him the sollicitor of the bank, and the mayor of Dover were there, and would shew them their authority; he went very quietly when he was brought on shore; Mr. Russell shewed him the warrant. The Mayor ordered the draw bridge down; and he was brought into the City of London.

Mr. Russell. When he was brought into the city of London inn, he desired to know what he was charged with; I told him I had a warrant; he desired it might be read; it was read to him. This is the warrant (producing it) (the warrant read; in which he was charged with having forged an order for the payment of 4500 on the account of Sir Joshua Van Neck and Co.)

Q. How long after you came in, was it before it was read?

Russell. About five minutes I believe, I was gone out to the necessary, and they let him go in my absence; that was the cause of my winking, for somebody to go after him; that was after reading the warrant to him.

Leonard Jacob Van Hernpeck . I was acquainted with the prisoner about four or five months before this affair.

Q. How long did you remain in England after this affair h appened?

Hernpeck. In the whole about a month.

Q. In what capacity was you in, in this country?

Hernpeck. I lived with Mr. Shield, a keeper of a boarding school, at Islington, almost facing the church.

Q. Do you recollect ever seeing that draught before? (shewing him the forged draught.)

Hernpeck. I think so; I had a draught of 4500 l.

Q. Who was present when you received it, and where was it?

Hernpeck. That is impossible to remember; I received it of Thomas Wood , in the presence of John Vestenburgh ; they gave it me to go to the Bank, and receive bank notes for it. I cannot tell positively which gave me the directions. Thomas Wood went with me to the door of the Bank; I presented the bill to the clerks. I received a paper from them at the time I received this draught, with an account of what bank notes I was to receive for it: Wood I think gave it me. I got the notes the same as they ordered by that paper. I received to the amount of 4500 l.

Q. Where did you carry them to?

Hernpeck. To the best of my remembrance I carried them to Moorfields, to a certain tavern, called the Globe, to Mr. Wood and Vestenburgh, and delivered them the notes; which according to my remembrance was the whole sum. I went for it but once; but I fetched the money at two times. I did not meet Mr. Wood, and not knowing where to carry the money, I carried it to his lodgings, at an inn in Bishopsgate street. I went back again to the Bank, and on the second time of coming from the Bank I met Mr. Wood; and he conducted me to the Globe tavern, where I delivered the money; Mr. Vestenburgh was not present. I was desired to dine with them the same day, at the Queen's Arms, St. Paul's Church Yard. I

went there and Mr. Vestenburgh was there; the affair was talked over, that it was a forgery, and Mr. Wood told me when I brought him the money the second time at the Globe Tavern, that it was a forgery: and that it was necessary that I should go off, because I should be known; and if I would, they would give me 4 or 500 l. the same transaction at the Bank was talked over again; Vestenburgh agreed to every thing that Wood said, that it was a forgery; Wood repeated what he had said to me, and Vestenburgh agreed to the same point, that it was necessary that I should go abroad. Mr. Wood and the prisoner agreed to give me 4 or 500 l. to go abroad; which I agreed to; 130 l. was paid me two or three days before I went abroad; Wood paid me 80 l. in cash, and Vestenburgh gave me a bill on Mr. Muilman and sons, in Amsterdam for fifty pounds; (a bill shewn the witness) this is the bill to the best of my remembrance; the indorsement according to my opinion is Vestenburgh's.

Q. to Mr. Hodges. Do you know the handwriting of that indorsement?

Hodges. I believe it is Mr. Vestenburgh's; I don't know the writing to the second indorsement.

Q. Did you receive the draft of Miulman and sons?

Hodges. In the course of four or five months, I received the remainder of the money, that was promised me to make up the 500 l. I was then in Holland, from Thomas Wood , partly from his own hands in Holland, and partly in bills.

Q. Did you settle any place on going over in Holland?

Hernpeck. No; I was there almost a year and a half before I settled in Holland. Wood and Vestenburgh desired that I should not settle; they said it was not yet time to settle, but that I should move about.

Q. I think you said before, there was an intimacy between Wood, you, and Vestenburgh.

Hernpeck. Yes, I came acquinted with the prisoner when Wood and I lodged in the same house, through the means of Wood.

Q. Was you in company with Vestenburgh and Wood after receiving the money in London?

Hernpeck. Two or three times we have been at the Globe Tavern. I went to Holland about the 5th or 6th of Nov. 1765. I received the money the day I left England.

Cross Examination.

Q. How long had you been in London at that time?

Hernpeck. I came to London in 1762. I was at Islington and Deptford. When I changed the notes I was required to put a name on it; I wrote on it Jacob Bosh .

Q. Was you at the Bank before that morning?

Hernpeck No, only presenting the draft; to the best of my knowledge the draft was all paid in notes.

Q. When you went over to Holland, you say you moved several times?

Hernpeck. Yes; Wood desired me not to keep long in one place. I have been in England since that time, about 24 or 25 months ago. I had been once before, about three or four years ago. I came over with a gentleman as a companion, and staid about three or four weeks; but I was only two days in London, the rest in the country.

Q. What business was you then?

Hernpeck. I came over on account of my master, Mess. Labor and Deprona. I had been with them almost four years.

Q. What was the reason of your coming over the last time?

Hernpeck. The Bank pursued me in Holland; some of the Bank came to Mess. Labor and Deprona, and I agreed to come over. Sir Joshua Van Neck wrote me, that if I came over into England I should have a pardon.

Q. You knew when you carried this draught to the Bank it was forged.

Hernpeck. No; I did not then.

Q. How came you to write the name of Jacob Bosh upon it.

Hernpeck. I never was in the Bank before; they told me it was a form of no consequence, and bid me write Jacob Bosh on it; when I brought the money to Wood, he told me it was a forgery.

Q. How came you to write at Sir Joshua Van Neck ?

Hernpeck. Because I knew Vestenburg was at Sir Joshua's.

Mr. Richard Muilman . That bill of 50 l. is drawn by our house; I signed it, and wrote a letter to our house in Holland.

Q. At whose instance was it drawn?

Muilman. The letter says at the request of the prisoner; I cannot remember the circumstances of it myself.

At three days sight, please to pay this our first bill of exchange, to Johannes Vestenburgh , or order.

Q. Was that the prisoner?

Muilman. Yes; he paid us for it, it has passed through all our books.

Cross Examination.

Q. Do you know who that bill was delivered to.

Muilman. No.

Q. Then you can't say that Vestenburgh came for it?

Muilman. I can't be certain; but I think he did, from the peculiarity of the letter of advice, which I have a copy of.

Court. That cannot be read.

Q. Was Tenbrooke clerk to you in 1765?

Muilman. Yes; the writer of the bill is in Holland.

Q. to Tenbrooke. Do you remember the prisoner's applying to your house for a bill?

Tenbrooke. I don't remember any thing in particular of that bill; he had credit for 300 at our house at Amsterdam on an uncle of his.

- Shields. Hernpeck was an assistant with me; he left me on the 6th Nov. 1765, without any notice; I did not know of his going two or three days before he went; he said he had an estate left him, by a father or an uncle in Holland.

Mrs. Moore. Wood and Hernpeck lodged at my house. I have seen the prisoner come to Wood.

Q. Were Hernpeck and Wood intimate?

Moore. Yes, very intimate; they said they were of the same country.

Prisoner's Defence.

I have only to say that I declare myself innocent of the crimes alledged against me. As to what is advanced, in regard to the respect I paid to Mr. Wood, in going over to Holland, it proceeded from friendship; we were born next door to each other, in a country town in Holland; you have heard what Mr. Hodges has said of what passed between us.

Council for the prisoner. My Lord, it may be proper to explain what is meant, where he desires no notice should be taken of his going to Holland for fear some disagreeable consequences should ensue.

For the Prisoner.

Q. to Mr. Hodges. Can you give the court a reason for Mr. Vestenburgh's conduct in that particular?

Mr. Hodges. He had had connections in the way of trade, with one Groneveil in Holland; and there is a dispute between them, so that if Vestenburgh had gone publickly to Holland, he would have been arrested; and if Groneveil had come over here, doubtless he would have been arrested.

Mr. Muilman. I believe he was perfectly right in not letting them know he was there.

Q. to Mr. Hodges. Was not Mr. Vestenburgh in good business at that time.

Hodges. Yes.

Q. Was he a man of extravagence or expence?

Hodges. No, far from it, and he was very well respected.

John Baldero , Esq; I have known the prisoner from January 1768. From January 1768 to February 1771, his business with me has been to the amount of 70 or 80,000 l. on the 22d of August 1770, he brought in one article the sum of 15,000 l. and on the 22d of that month, he was in cash 16520 l. he has frequently brought very large draughts, one in particular on the 28th of August, for 22180 l.

Council for the Crown. Was he not agent for those who were concerned in stock transactions?

Mr. Baldero. Most certainly.

Council for the prisoner. What is his general character?

Mr. Baldero. He always bore a fair character.

Council for the Crown. I observe your account drops in January 1771.

Mr. Baldero. I have done no business for him since.

Robert Petham , Esq; I have known the prisoner about fourteen years. I never heard but that he had a very good character. I knew the gentleman he served his apprenticeship to in Holland.

Edward Ryan , Esq; I execute business by commission for the gentleman the prisoner

served his time with; he has the best of characters; he had letters of recommendation from the first persons in Holland.

Mr. Delevainston. I have known him, Mr. Vestenburg, from the latter end of the year 1765; he is a man of a general good character.

Rev. Mr. Williams. I have known him about seven years; he has an exceeding good character. I always took him to be a gentleman and a christian.

Mr. Miller. I have known him about eight years, He has an exceeding good character; he is a generous man and a true friend.

Mr. Boan. I have known him ten years; he bears an undeniable character.

Mr. Muilman reads, in English, the written character Sir Joshua Van Neck gave him, when he lost his service.

March 20, 1766.

"Mr. John Vestenburgh , who has been in my house a full year, as book-keeper , intending to go to Holland, and being desirous of a character, I hereby declare, that I have found him honest in his conduct, and has principles of honor and ability in his post; so that I sincerely wish him success in all his undertakings."

Anthony Tenbrooke . I have known Mr. Vestenburgh ten years, he is a humane, charitable, generous, open, honest man.

Nathaniel Hodges . I have known him more than three years, he was a man I esteemed much; I would wish to have made him my bosom friend.

Edmund Lewein . I have known him about eight years; he has as good a character as any man I ever knew.

Patrick Kehoe . On Sunday the first of March, I had been to Deptford, and had got in liquor, not so much, but that I was able to walk home; but I parted with my friends at Deptford, at nine o'clock; I went into the Minories and lay down there to sleep; I waked about half after twelve; the first perception I had, was that I was without one shoe. I did not know I had any other loss then; I got up, the watchman met me; whom I told, that I had lost my shoe and hat; the watchman said, there was a man just gone by with a shoe in his hand; the watchman and I went after the man that had the shoe; we stoped him; it was the prisoner; he immediately restored me the shoe. I took him to the watch house; the watchman bid me see if I had lost any thing else. The watchman by his lanthorn observed I had a cut in my breeches; I described what I had in my pocket, the same as in the indictment. The prisoner was searched in the watch house, and just that money was found on him. I am sure I had it in my pocket when I left Deptford.

John Painder , the constable, confirmed this evidence: As did also Reynolds the watchman.

Prisoner's Defence.

Coming along the Minories, I saw a shoe on the ground; I picked it up. I had the money in my pocket.

404. (1st. L.) JAMES LUCAS and LUKE WEST were indicted for breaking and entering the dwelling house of John Faulconer , on 14th April, about the hour of two in the night, and stealing a pair of silver shoe buckles, set with chrystal, value 30 s. a gold ring set with paste, a skillet of silver, 44 0z. value 12 l. 300 silver dollars, value 67 l. 50 silver half dollars, value 5 l. and 50 quarter dollars, the property of John Faulconer , in his dwelling house . +

John Faulconer . I am a silver castor , and live in Racquet Court, Fleet Street ; my house was broke open on Tuesday night the 14th of April or Wednesday morning; it was in the night. The door from a back house which entered into my shop, was broke open; it was bolted with two bolts, when I went to bed; at half after nine o'clock I saw it fastened myself; about seven o'clock in the morning, I went into that part of the house, the first in the family; others of the family were up before; but I was the

first that went in there. I saw my door lay flat; it was taken off the hinges, with some chissels, which the men found, who took the prisoners up. I lost a quantity of silver dollars, half and quarter dollars, to the weight of 300 oz. in the whole; they were in a bowl behind the counter in the shop. I lost part of a skillet of silver, the weight was about 44 oz. that was in another bowl, just by the side of the dollars; a pair of silver shoe buckles set with chrystals, a gold ring set with coloured paste; the ring was in the till, the buckles in another drawer. I lost about 25 oz. of silver cast work, as near as I can guess.

Q. To what amount?

Faulconer. To about 200 l. in all; there are some things that I have not mentioned in the indictment. I have recovered some triffles. The prisoners were taken up about ten days after, and I saw them at Sir John Fieldings . John Heley and I, went and broke open one of their chests, where we found some of my things; the father of one of them, told us that the chest belonged to them both; it was where they both kept their cloaths. It was in a court in Black Friars.

Q. I suppose you can't, from your own knowledge, say it was their lodging?

Faulconer. No.

John Heley (produced a pair of shoe buckles set with stone, a cross, 69 oz. of silver melted down and a piece of a silver skillet.) I have had them ever since in my custody.

Faulconer. I know these buckles are my property. I cannot swear to the plate; it was melted down, from what it was before; this little bit of the skillet I can sware to, they have broke it; by comparing it with the other part it just matches, with two other pieces that were stopped by Wm. Holmes .

Wm. Holmes . These pieces of skillet (producing them) were delivered me by my apprentice, David Jones the evidence. (The bit is put in between two pieces that were broke, and it sits exactly;) here is 118 oz. of silver.

John Heley . I was present with Mr. Faulkner when we broke open a box belonging to the prisoners, and found these things on Friday night, between nine and ten o'clock. Mr. Holmes came up to Sir John Fielding 's, he desired I would take Jones into custody, and examine him, touching the silver: as we were going along, he said it came out of Mr. Faulkner's house, in Racquet-Court, and said I was stolen by the prisoners; he said if we did not go very early they would be off. We went last Saturday sevennight; Jones, and I, and one Mr. Clarke, to the prisoner's lodgings, and found them both together. I laid hold of West, and searched him, I found upon him two quarters of a dollar, and a silver cross; I saw Mr. Clarke search the other, and take a ring out of his pocket. Jones had informed me they had a great chissel, I asked West where it was; he said he had no chissel but one, which a carpenter had left that had been repairing the house. I went into the garret and found these two chissels, (producing a large and a small chissel) we put them into a coach, and acquainted Mr. Faulconer with what had been done. Faulconer, I, and David Jones , went back to the house; I asked the mother where her son's box was, she said in the garret, it is on the side of the garret where they work.

Q. What trade does he work at?

Heley. I think a fan-stick maker; we went into the garret, there we opened a box, in which we found the buckles, the little piece of the skillet, and two lamps, melted silver.

John Clark . Mr. Heley called me up last Saturday was a week, I went with him and Jones to Black-Fryars; we found the prisoners at breakfast, in the one pair of stairs room; I searched Lucas, and found 8 dollars, and 5 quarters. Jones said, as we were going to Black-Fryars, that there was a bad half-guinea in one of their pockets, which was taken at the time of the robbery, we found the bad half-guinea on Lucas, and in the same piece of paper was found this ring; and we found those things at the lodging.

Faulconer. I can swear that this ring was in my till, for the night before the ring came from the East-Indies with the buckles, by a friend of mine, who is in court, and can swear it.

Clark produces the pieces of cast silver, &c he found in Lucas's pocket.

Faulconer. I know the cast silve r to be my property, the dollars are of the same sort as mine were.

William Holmes . I had the two pieces of skellet from the evidence, David Jones ; I had them after 9 o'clock; I went immediately and made the information; I had this piece of 118 oz. before the skillet; I had missed silver, in my way

for these 3 years, but never could find out who stole it; this piece, I found by David Jones , belonged to Mr. Faulconer.

David Jones . I was out with Lucas one Sunday, about a fortnight before Easter, when he told me he was tired of picking pockets, and asked me if I knew any house for them to break open. West was not with him at that time.

Q. Were you out then picking of pockets?

Jones. No; he was not out picking pockets then, he only said he was tired of picking pockets, and asked me if I would go a housebreaking with him, and if I knew of ever a place; I said I knew of Mr. Faulconer's; we all agreed to go and break it open on Saturday; we met West after, when he agreed to it; that was some time in the next week; we agreed to break it open on the Saturday, but they went and broke it open on Tuesday, unknown to me, as they informed me on Thursday following; when I saw them they said they had done it, and told me they had got this quantity of plate by them. They desired me to melt down the silver the first opportunity, I agreed to it. Last Friday week I thought I had an opportunity to melt it down, I went and told them, and they brought it to me; I was told there was 164 oz. of it, by my master, who weighed it. I was about melting it down when I was detected.

Q. Do you know where the prisoners lodged?

Jones. Yes, at Mr. West's; one is his son, the other his apprentice, he is a fan-stick maker; the master's name is West. The silver was all but 44 oz. when it came to me, melted down, they melted it down at a jeweller's, an acquaintance of their's; they wanted me to melt this 44 oz. along with 120 oz. to pour it into an ingot for them, to have it all in one lump. I went with Mr. Heley and Mr. Clarke to shew them where the prisoners lived.

West's Defence.

The things that I had were brought to me by Jones, to keep for him.

Lucas's Defence.

It was at the same time Jones brought what I had to keep for him.

Q. to the Prosecutor. I think you was not up the first in the morning.

Prosecutor. The maid was up first, but she could not get into the part of the house that was broke open, because I had a key of a door between, which was locked. I forgot to mention, that I found a candle put out, that stood in one of my candlesticks near the door, that was taken off the hinges; the candle was not mine, I had no such in the house.

Q. Can you tell where the candlestick was over night?

Prosecutor. I cannot positively say; I am sure it was my candlestick.

For West.

William Wormley . I have known West about ten years; I have sent several bills to his father by him, and always found he behaved honestly; he appeared to be a diligent sober boy.

Francis Hawberd . I have known West sixteen years; I believe he is an industrious well-behaved lad; I never heard any thing to his prejudice before.

Matthew Lowe . I am a lapidary; I have known West between four and five years; he has always kept good hours at home, and has always preserved a good character.

William Taylor . I am an apprentice to Mr. Lowe; I have known him between four and five years; he has frequently been in my company, at Mr. Lowe's, three or four evenings in a week; I never heard any harm of him before.

Edward Birtless , I know West from visiting my son, as a school-fellow; he appeared to be a diffident modest young man.

Ashton Birtless , I have known him between three and four years; we were school-fellows, he always behaved like a good sober young man, I always had a good opinion of him.

Henry Delander . I have known him about ten years; I was his school-master several years; he always behaved very well, a diffident modest lad; I have often entrusted him with things; he behaved well; I never had a more innocent child in my school.

Lewis West . I am his brother; I never knew him guilty of any bad action; he was always with me two or three times a week.

404. (1st. M.) WILLIAM LASLEY , was indicted for feloniously receiving, harbouring, comforting and maintaining one Thomas Tibbald , on the 19th of October last, who was at the last assizes, held at Maidstone, convicted of robbing the mail, and received judgment of death; he well knowing that the felony aforesaid, was by him done and committed . *

405, 406. (2 d L.) WILLIAM SIDAY and JOHN TUSTIN , were indicted for breaking and entering the dwelling-house of William Hay , on the 25th of January , about the hour of three in the night, and stealing a child's coral, with silver whistle and chain, value 3 l. a pair of silver shoe-buckles, value 10 s. two pair of leather boots, value 30 s. three woollen coats, value 40 s. eight guineas, and 6 l. the property of William Hay , in his dwelling-house . *

409. (2 d M.) THOMAS LEACH , was indicted for that he on the King's highway, on Henry Kitchen , did make an assault, putting him in coporal fear and danger of his life, and stealing from his person, a silver watch, value 40 s. the property of the said Henry , April 9 . ++